Trust corporation query

Trusts Discussion
1

Hi, we have come across an old will that appoints a trustee company but it appears at the time the deceased died, despite being called that, they were not a Trust corporation. This seems to be confirmed by the fact that the will was proved by two named individuals for the use and benefit of said company.

At some future point the company appears to have become a trust corporation, we have seen further grants in their name.

The problem we have is both the executors named in the grant have now died and there are parts of the estate unadministered. My understanding is if it was a trust corporation, the new directors of the company would simply continue as Exors, but based on the above, I think the personal representatives of the original PR will have to take out a further grant.

Any thoughts?

2

As the original named executor still exists, is not the proper route for it to either take out a grant in its own name (now that it is a trust corporation) or appoint another attorney to take out a grant for its use and benefit?

3

Thanks Andrew,

We did consider that, the name of the now current trust corporation is slightly different (adding Ltd) to the name although we believe it has always been a limited company, just not always a trust corporation. Would that change your view?

4

Well no, not if it is the same company. A change of name doesn’t mean it ceases being the (legal) person named in the will. It hasn’t ceased to exist.