Deed of Release

Trusts Discussion
1

The Will names three Executors.

It is not yet clear whether a Grant of Probate has been taken out - and if all three are named on the Grant or if one has renounced or had power reserved.

The Deceased was a lender and a deed of release of security, over land, now needs to be signed on his behalf.

Who needs to sign this? If there is no Grant, do all three Executors need to sign or can one/two sign on behalf of all? What is the position if there is a Grant - do all those named on the Grant need to sign?

Elizabeth Cotton
Capital Law

2

If the deed will be registered with HMLR, you almost certainly need there to be a grant.
If there is a grant, all the surviving executors who took out the grant will need to sign.
There is a useful database of grants here: https://probatesearch.service.gov.uk/#wills to identify if and when a grant was taken out.

Andrew Goodman
Osborne Clarke LLP