Professional Executor

If a Testator appoints the firm as professional executor and fees are outlined at the outset and STEP provisions incorporated can the solicitor for the firm still act as a witness to the will? If not how do you approach this as for the completeness within the file you cannot document a full attendance to the will signing etc if not able to witness?

Iain Cameron’s reply to your other question today applies equally to this question. In these circumstances the executor is not a beneficiary, so that the provisions of s.15 Wills Act 1837 do not apply to disallow the firm’s entitlement to its fees.

Paul Saunders FCIB TEP

Independent Trust Consultant

Providing support and advice to fellow professionals