Title in cases of solicitor executor

01 October 2021


Just a quick one related to title in probate cases. As you will be aware, as part of the oath, where there is an executor appointed, the normal title is as follows

that I am the [state relationship] of the said deceased and the * [sole] executor/executrix in the said will [or will and codicil(s)] named;

From time to time your office may have been appointed as executors. There is standard language on this and this was part of a previous email of mine regarding appointment of solicitor executors. Generally the standard language for appointment of solicitor executors states that it’s any partner of the firm or the principal for the time being of the firm which shall be appointed as executor.

Based on that, one would think that the language for title where a solicitor is proving would be language along the lines of:-

that I am a stranger in blood of the said deceased and the sole executor in the said will named;

In fact, it needs to be a bit more than this. The appropriate wording is as follows:-

that I am a stranger in blood of the said deceased and that I am the principal in charge for the time being at the date of death and as such the executor named in the said will of the said deceased

This would obviously have to be modified for a partner in partnership but you get the idea.