Hugo Smith
- Partner
- Private Client
Private Client Partner quoted in The Telegraph on executor succession and probate rules
Private Client Partner Hugo Smith has been quoted in a recent Telegraph article examining the little-known “chain of representation” rule and how it can result in individuals being appointed as executors of estates belonging to people they have never met.
The article explores how the rule operates when an executor dies before completing the administration of an estate, allowing responsibility to pass automatically to the executor of that person’s own estate. It considers the benefits of the rule in maintaining continuity and avoiding delays in the probate process, while highlighting the practical and administrative challenges that can arise for successor executors.
Hugo comments on steps that can be taken to reduce the risk of complications, particularly for older testators. He highlights the importance of carefully selecting executors and suggests that appointing at least one younger executor may help ensure continuity. Hugo also notes that appointing a trust corporation can provide a permanent solution, as a corporate executor will not be affected by the succession issues that can arise when individual executors pass away.
Read the full article in The Telegraph here (£).
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