Author Topic: Where to get a will  (Read 425 times)

Offline J11

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Re: Where to get a will
« Reply #9 on: Wednesday 20 September 17 10:31 BST (UK) »
With reference to the following entry in the England and Wales National Probate Calendar:

Clibborn Isabel Sarah of 62 Brisbane Rd, Ilford Essex widow died 28th December 1933 at the King George Hospistal, Ilford Administration Oxford 17th January to Henry Ernest Fairley Clibborn schoolmaster and Raymond Hugo Clibborn mercantile marine officer.  Effects 1196 1s 8d

How would the brothers Henry and Raymond both come to be executors?  They were her only two sons over 21.  There was a daughter but she was living in Malaya.  The reason I ask is that Raymond went back to sea on 14th January, banished by his older brother, so was unavailable which caused all sorts of trouble with the sale of the house.  Surely Henry would have been able to be sole executor as the only adult son in the country or could have appointed a solicitor or was he just incompetent?

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Offline groom

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Re: Where to get a will
« Reply #10 on: Wednesday 20 September 17 11:02 BST (UK) »
Executors are appointed by the person who makes the will, but in this case as there was only administration granted, it doesn't look as if there was a will. Perhaps they had both applied to be executors before Raymond went back to sea, and by the time it came through he wasn't in the country. I assume because it had been granted to both, one couldn't act alone unless he had the written permission of the other.
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Offline J11

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Re: Where to get a will
« Reply #11 on: Wednesday 20 September 17 18:24 BST (UK) »
Thanks for getting back to me.  There wasn't a will and I was thinking along the same lines as you.  Raymond left ship and vanished in the Far East.  Surely Henry could have applied to have him removed as executor in that situation rather than spend months and God knows how much trying to find him?

Offline groom

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Re: Where to get a will
« Reply #12 on: Wednesday 20 September 17 19:26 BST (UK) »
I don't think it is as easy as that. This looks as if it is what happens these days

https://www.saga.co.uk/magazine/money/personal-finance/inheritance/can-you-remove-an-executor
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