Q&As

Where the son of the deceased is appointed a joint executor with another person who cannot be traced and the original Will is held by a third party, will the son's authority be sufficient for the third party to release the Will and if not can an application be made to the court if the third party refuses to release the Will?

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Produced in partnership with Ward Hadaway
Published on LexisPSL on 11/04/2016

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

  • Where the son of the deceased is appointed a joint executor with another person who cannot be traced and the original Will is held by a third party, will the son's authority be sufficient for the third party to release the Will and if not can an application be made to the court if the third party refuses to release the Will?
  • Obtaining the Will
  • Missing executor

Where the son of the deceased is appointed a joint executor with another person who cannot be traced and the original Will is held by a third party, will the son's authority be sufficient for the third party to release the Will and if not can an application be made to the court if the third party refuses to release the Will?

Obtaining the Will

The authority of the executors appointed in the deceased's Will arises on the death of the testator. Consequently, the executors are entitled to call for the deceased's Will to be handed to them. Although dealing with the deceased's real assets (in effect land and buildings, and some personal assets, such as stocks and shares and leasehold assets) require the executors to act jointly, for the most part, the ability of the executors to deal with the deceased's personalty is joint and several. Therefore, technically either executor could ask the third party to release the deceased's Will

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