Executor of a will

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Brendadale

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I am the co-executor of my uncle's will. He is 103 years old and the other executor is a lawyer that he practised with many years ago. If that lawyer is unable to function or is not practising law, can he appoint his son who is a lawyer to take his place or do I become the only Executor?
 
Depends on the terms of the will. But normally, if an executor is unwilling to act, it is up to someone else (not that executor) to apply to be administrator. Usually that is a family member or other beneficiary, not the son of the unwilling executor.
 
However the other Exeutor happens to be an attorney. Do I have to use his son as the attorney if he hasn't been appointed the Administrator?

Thank you so much for your response.

Brenda
 
No, you do not have to use the son as your lawyer. An executor can choose whatever lawyer they like to assist them in executing the terms of the will.

Don't confuse executors, adminstrators, and lawyers - these are all different things.

You and the old lawyer are the executors. If he can't or won't act as executor, he doesn't get to appoint someone else as executor. So his son can't be executor.

An administrator is someone who acts when the executor can't or won't act. I can't see this coming into play since you, the other executor, are capable of executing the will. Moreover, I can think of no reason why the son of the old lawyer would be appointed adminstrator. Administrators are usually family members or other beneficiaries. So the son won't be administrator.

An executor is entitled to retain a lawyer in assisting him or her. No-one can foist the son on you as your lawyer. Conceivably, the other executor could retain his executorship and retain his son to assist him. That would be weird, but stranger things have happened. So the son won't be your lawyer, but he could be the other executor's lawyer.
 
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