Q&As

In relation to a Scottish Will where probate is being sought in England and Wales on the basis of an English domicile, if the sole named executor does not want to act alone, can the sole executor assume another executor to act with them, although not named in the Will, prior to applying for probate?

read titleRead full title
Produced in partnership with Ward Hadaway
Published on LexisPSL on 01/08/2016

The following Wills & Probate Q&A produced in partnership with Ward Hadaway provides comprehensive and up to date legal information covering:

  • In relation to a Scottish Will where probate is being sought in England and Wales on the basis of an English domicile, if the sole named executor does not want to act alone, can the sole executor assume another executor to act with them, although not named in the Will, prior to applying for probate?

In relation to a Scottish Will where probate is being sought in England and Wales on the basis of an English domicile, if the sole named executor does not want to act alone, can the sole executor assume another executor to act with them, although not named in the Will, prior to applying for probate?

In relation to this Q&A, we have assumed that although this is a Scottish Will, it was made on the basis that the deceased did not intend for Scottish law to apply and so that the law of England and Wales applies.

An executor's title is derived from the appointment made in the will by the testator. The testator may make the appointment conditional and may also provide for substitutes in certain circumstances. In the 1943 unreported case of Re Andreason (Not available in

Related documents:

Popular documents