Wills - Interview

Question 1

What are the options if someone doesn’t want to act as an executor?

Answer 1

1. They could renounce probate. This would mean signing a deed and submitting it to the probate registry. This is a permanent removal as executor.
2. They could reserve their power. This would mean another executor would apply for probate without the reserving person and giving formal notice to the reserving person. They would then have the option of continuing as an executor later in the administration if needed.
3. They could appoint an attorney to act for her by signing a POA and submitting that to the probate registry. This would mean that she would continue to act and give instructions but the attorney could sign papers for her if they are away/abroad. This might be a good option if they have someone they can trust and they have time to keep up with the administration whilst away.

The person will need to decide how much time they have and whether it would be possible for her to stay involved and receive papers for signing. If both those things are going to be difficult, they may want to have power reserved for now

Question 2

There are alterations in a will that have not been attested. What advice do you give?

Answer 2

The general rule is that alterations made after a will is signed is invalid. That rule is tested though if the alterations are signed like a will (signed and witnessed) then it’s presumed that the alteration was made before the will was signed. It’s also tested if the original will cannot be deciphered.

If the alteration is signed and witnessed and would stand, then the original wording must not be legible.

Question 3

Explain the steps to obtain a grant of probate in a taxable estate.

Answer 3

1. Executor will need to complete an IHT400. The IHT400 will need to contain Ken’s personal details, such as address, date of birth etc. An IHT 421