Beaujeux Wilde & King Solicitors - Trustee & Executor Services

What are executors and trustees?

Executors are those persons entrusted with all aspects of the administration of a Will. In summary, their duties are to carry out all terms of the Will correctly and appropriately according to the law and the stated wishes of the deceased.

Trustees are those persons entrusted with the administration of Trusts contained either in Wills or in other Trust structures.

Our firm is most commonly appointed to act as:

  1. Executor of a Will;
  2. Trustee of a Discretionary Trust or Life Interest Trust created with a Will;
  3. Deputy or Attorney for persons lacking mental capacity.

Where the Will is linked to complicated situations, or there are Trusts to be administered, it is often advisable to appoint someone independent and someone who understands the legal procedure for Wills and Trusts. Complex situations can include:

  1. Where the primary beneficiary is vulnerable and where the burden of executorship is too great to place on them.
  2. Where a family member is specifically excluded from benefiting, or “normal” beneficiaries are not receiving what would be usually expected. For example, if a spouse or child is excluded specifically.
  3. Where there is the wish to protect the Estate passing to children, so that it is protected from potential divorce or other claims against them.
  4. Leaving the Estate to charities (the requirements for administering Estates for charities are strict – with various rules and regulations which require compliance).
  5. Where simply it is a burden on others to undertake the role when they are receiving no benefit themselves under the Will.

Primarily, the documentation associated with Discretionary Trusts or Life Interest Trusts is complex technically and such Trusts may come hand-in-hand with the requirement for ‘loan’ documentation to be prepared, which is a job for a lawyer.

Furthermore, it is not usually advisable for beneficiaries to also be trustees of a Discretionary Trust as there is a potential conflict of interest.

Given that there are legal tasks involved in the process, it makes sense to have a professional solicitor Trustee appointed.

Understanding the Trusts correctly and acting on them in accordance with how they were set up is absolutely essential. You need someone independent who has an understanding of the workings of the Trusts and the reasons behind them.

Experience and focus

We have experience of acting as a solicitor-trustee in many different circumstances and for many families.

Focussing on what is best for the administration of the Trust or Estate that we act for, we act efficiently to progress Estates and Trust administration.

Additionally, we recognise it is essential to act with all due care and sensitivity and to ensure that matters are conducted fairly.

We will set out a plan of action, and be happy to clarify and explain in person the workings of Trusts to all persons affected or interested in the Estate or the Trust.

Expertise

We have expertise in conducting many different Estates and Trusts over a number of years. Advising requires adopting an even-handed approach and acting with common sense principles.

Trusts are relatively complex legal vehicles to the lay person, so it is vital for clients to have an expert who can not only draft and oversee the administration of such structures, but who can also explain them clearly to all interested parties.

Insurance and regulation

Our lawyers are fully insured and regulated by the Solicitors Regulation Authority (SRA). They must act in accordance with all SRA codes of conduct and client care principles. We additionally have members of Solicitors for the Elderly (SFE) and the Society for Trust and Estate Practitioners (STEP).

Our firm believes in advising clients correctly and fully regarding the operation of Trusts included with Wills or with lifetime gifts.

Many people have turned to us with Discretionary Trusts contained in their own Wills, or those of their parents, requesting an explanation of how the Trusts operate, or to understand the benefits and reasons why they were created. Some of those Trusts were not administered at all.

We also have been asked to troubleshoot cases for people who have had poorly-drafted Trusts with Wills created by non-expert lawyers, which require some amendment or updating to bring them into line with current procedures.

We can sit down with you and explain your existing Trusts and troubleshoot any existing problems with Trusts.

Our team

Our private client lawyers can provide advice on all aspects of Trusts and act as professional executors and/or trustees where necessary. We have experienced lawyers available for appointments at all our office locations.

Jennifer Beaujeux FCILEx Chartered Legal Executive and Director. Head of Private Client Department

Johanna Knott BA SFE TEP Solicitor, member of STEP (the Society for Trust and Estate Practitioners) and Solicitors for the Elderly

Elizabeth Leggett LLB Hons Solicitor

Lucy Pankhurst LLB Hons Solicitor

Contact us

To make an appointment to discuss Trustee and Executor services with a member of our friendly and responsive legal team please contact us:
Tel: 01494 870075 (Chalfont office) 01494 923923 (Gt Missenden) or 01296 747151 (Stone office)

Or complete the form below

We are accredited with

Law Society Conveyancing