Tracking down a missing executor

The Law Society of England and Wales recently issued its latest guidance for legal professionals who need to trace a missing sole executor.

Such situations may arise, for example, when someone is acting on behalf of the beneficiaries of an estate where the sole executor was a named solicitor who has since moved on.

If enquiries with the Solicitors Regulation Authority (SRA) cannot trace the missing individual, and the firm holding the original will is unwilling to release the will to anyone apart from the executor, then you will need to take the following steps.  

If the executor has died, their rights concerning the grant will cease. You can show their death certificate to the firm holding the will and ask for it to be released to whoever is next entitled to apply for letters of administration with will annexed (see rule 20 of the Non-Contentious Probate Rules 1987).

Our firm is often contacted by solicitors for assistance in locating executors or to confirm deaths. Fraser and Fraser can obtain certificates and documents on your behalf, this provides a quick and efficient way of accessing what you need, when working a case.

In terms of the practical details of releasing a will, a law firm can lodge it at the probate registry where the application for a grant will be made.

If the firm is unwilling to do so, you can apply for a subpoena for the production of the will (under section 123 of the Senior Courts Act 1981). This application should be made to a master or district judge. It may be made without notice and must be supported by written evidence setting out the grounds of the application.

Practice Direction 57 of the Civil Procedure Rules explains the procedure.

To avoid a situation where an estate is left without an executor, two executors should be appointed in a will. These appointments should be reviewed periodically.

If you have any questions about tracing missing executors, we would be more than happy to help. Please contact us via email info@fraserandfraser.co.uk or call 020 7832 1400.