Literary executors

By her will, A appointed her husband B and friend C to be her literary executors and trustees. (Other people were appointed as the executors and trustees of her will).
B wants to appoint D&E as replacement literary executors of his late wife’s estate when he dies. C is still alive.
How should this best be done? Would it be an appointment in his will? A request to his executors? Should it be done now, jointly with C by deed of appointment?

N Waldman
HJA Solicitors

Dear Nicola

My understanding is that the Grant issued to a Literary Executor is a Limited Grant. So if X’s Will appointed B & C to be her Literary Executors, then if B dies then under the Chain of Executorship C would then continue as the sole Literary Executor. If C died first leaving B as the sole surviving Literary Executor then the Executors of B’s will would then be entitled to a further Grant. I have looked in Tristram & Coote’s Probate Practice and I cannot see anything specific that may be of assistance. But I wonder if an application could be made under s116 of the Senior Courts Act 1981 for the issue of a Discretionary Grant? If so, it might be worth B writing a letter of support of appointing D & E to act with C now so that this could be considered by the Court in evidence at a future hearing.

Philip Evans
Graham & Rosen

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Many thanks Philip.

Nicola Waldman
HJA Solicitors