Digital executor

Trusts Discussion
1

Good morning forum,

Regarding ‘digital executors’:

If a Will appoints an executor and a ‘digital executor’ (who is a different person to the executor), should any mention be made of the ‘digital executor’ in the grant application?

Thank you!

2

Yes, the general executor will need to apply for a grant “save and except” the digital assets, if the application is made before, or at the same time as, the “digital executor” applies for their grant.

If the “digital executor” has already applied for a grant, the general executor will need to obtain a grant “caeterorum” (a remainder grant).

I believe that the applications fall outside of the on-line criteria and will need to be made on paper.

Paul Saunders FCIB TEP

Independent Trust Consultant

Providing support and advice to fellow professionals

3

Hi Paul

Thank you – really appreciated,

Thank you for your time,

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4

I’m not aware of any case in which the expression ‘digital executor’ has been considered and its not clear to me from these words alone what assets come within the digital executor’s authority. If there’s uncertainty about that, then there must be some uncertainty about the scope of the appointment of the ‘non-digital’ executor. Is there any evidence of what the testator intended to be comprised in the digital executor’s authority?

I think that this is going to give the probate service some difficulty and it may be necessary to have it resolved by construction or rectification proceedings. In the past one could ring up the local probate registrar and get a view. I’m not sure if that is now possible but fortunately you can still consult Keith Biggs.

Tim Gibbons

1 Like
5

Thank you for your time in coming back on this Tim.

Commentary sources mention a ‘digital executor’ in relation to Will drafting but I am interested in how the role would be considered by the Registry in practice.

I’ll try and get hold of Keith Biggs’ email!

Thanks again

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