We have been asked for advice on a Will made over 20 years ago where the deceased appointed her 2 sons as Executors of her Will, followed by the words ’ … and I direct that my Executors shall instruct my Solicitors [name of firm] to apply for Probate thereof and to administer my Estate’.
I should be grateful for advice on whether such a direction is binding? I can only find reference to the case Foster v Elsley 1881 which ruled that Executors are not so bound.
Alexandra Taylor
Botvyle Consultants