Witnessing wills where the solicitor is the executor
Probate, Administration and Trusts
04/02/2011
The Law Society Gazette in recent times has covered the question of the merits of a solicitor acting as an executor in an estate (see Gazette, July 2008) and the question of who is the client in circumstances where a solicitor so acts (see Gazette, July 2010).
In the event that a solicitor does agree to act as an executor, then in drafting the will it is important that the solicitor includes a charging clause enabling the solicitor to charge in connection with the administration of the estate and, further, it is important that the solicitor (or any partners in the firm) should not witness the will. The matter is governed by section 82 of the Succession Act 1965.