Mrs TOF and I are planning to change our wills shortly.

Not having any children (and we are in our late 50s) our plan is to
leave about 50% to the local Church of England Parish. Is there a good
form of words to say we leave appointing executors to the PCC. It's not
that we don't trust our relations (siblings' descendants), but their
lives are complicated enough, and we are not leaving them much!

Yes, we will be having the things drawn up by solicitors, but I'd like
some idea before I speak to them, and before I speak to the Rector.

TIA
R.

Mrs TOF and I are planning to change our wills shortly.

Not having any children (and we are in our late 50s) our plan is to
leave about 50% to the local Church of England Parish. Is there a good
form of words to say we leave appointing executors to the PCC. It's not
that we don't trust our relations (siblings' descendants), but their
lives are complicated enough, and we are not leaving them much!

Yes, we will be having the things drawn up by solicitors, but I'd like
some idea before I speak to them, and before I speak to the Rector.


It would be very unusual thing to do and will just complicate matters.
Appoint the solicitor and accept the fact the will be charges to come out of
the estate.

Peter Crosland

On Sat, 25 Oct 2008 18:50:06 +0100, TheOldFellow
wrote:

Mrs TOF and I are planning to change our wills shortly.

Not having any children (and we are in our late 50s) our plan is to
leave about 50% to the local Church of England Parish. Is there a good
form of words to say we leave appointing executors to the PCC. It's not
that we don't trust our relations (siblings' descendants), but their
lives are complicated enough, and we are not leaving them much!

Yes, we will be having the things drawn up by solicitors, but I'd like
some idea before I speak to them, and before I speak to the Rector.

The legal and financial structures of the CofE are extremely
complicated. I'm not even sure that the PCC has any legal identity as
such. The Rector will be a corporation sole, and might be a more
appropriate beneficiary, but in practice financial stuff end up in the
hands of the Diocesan Board of Finance. You probably need advice from
a solictor who knows ecclesiastical law - it is a rather specialised
field.

As others have implied, although I don't think anyone has said in in
so many words, it is not possible to delegate the appointment of an
executor.

--
Don Aitken
Mail to the From: address is not read.
To email me, substitute "clara.co.uk" for "freeuk.com"

Mrs TOF and I are planning to change our wills shortly.

Not having any children (and we are in our late 50s) our plan is to
leave about 50% to the local Church of England Parish. Is there a good
form of words to say we leave appointing executors to the PCC. It's not
that we don't trust our relations (siblings' descendants), but their
lives are complicated enough, and we are not leaving them much!

Yes, we will be having the things drawn up by solicitors, but I'd like
some idea before I speak to them, and before I speak to the Rector.

The legal and financial structures of the CofE are extremely
complicated. I'm not even sure that the PCC has any legal identity as
such. The Rector will be a corporation sole, and might be a more
appropriate beneficiary, but in practice financial stuff end up in the
hands of the Diocesan Board of Finance. You probably need advice from
a solictor who knows ecclesiastical law - it is a rather specialised
field.

As others have implied, although I don't think anyone has said in in
so many words, it is not possible to delegate the appointment of an
executor.


AFAIK it is not and it is difficult to see what benefit the OP thinks can be
gained from doing so.

Peter Crosland

On Sun, 26 Oct 2008 10:30:09 +0000
"Peter Crosland" wrote:

Mrs TOF and I are planning to change our wills shortly.

Not having any children (and we are in our late 50s) our plan is to
leave about 50% to the local Church of England Parish. Is there a good
form of words to say we leave appointing executors to the PCC. It's not
that we don't trust our relations (siblings' descendants), but their
lives are complicated enough, and we are not leaving them much!

Yes, we will be having the things drawn up by solicitors, but I'd like
some idea before I speak to them, and before I speak to the Rector.

The legal and financial structures of the CofE are extremely
complicated. I'm not even sure that the PCC has any legal identity as
such. The Rector will be a corporation sole, and might be a more
appropriate beneficiary, but in practice financial stuff end up in the
hands of the Diocesan Board of Finance. You probably need advice from
a solictor who knows ecclesiastical law - it is a rather specialised
field.

As others have implied, although I don't think anyone has said in in
so many words, it is not possible to delegate the appointment of an
executor.


AFAIK it is not and it is difficult to see what benefit the OP thinks can be
gained from doing so.

Peter Crosland

The OP (me) thought that, as he was leaving a lot of money to a Church,
it would be a good idea to let them find a volunteer to do the work.
However, now, with the benefit of the advice I got here (thanks, btw), I
see the error in my thinking, and plan to talk to the Rector about who
should be named. We may also need to ask diocesan advice.

I have a pathological hatred of paying lawyers vast fees for something
any layman can do (and I've done several simple executor-ships, it's a
lot of letter writing but it is isn't hard) - but it may be that the
Church would rather have a lot less and pay someone to do it. (Note,
I'm not saying I can write this will, just that I want it written so
that someone like me can understand and administer it - that IS a job
for a lawyer, and worth the money too).

One of the difficulties of planning for your death, is that if you
don't have children most of your friends will either be dead or very
old, so it's difficult to nominate anyone. Finding an executor is the
main issue in will writing for me.

Of course, unless we both die fairly soon, the question will be moot,
as Gore-Doom and his crony Darling, The Official Thief, will probably
have stolen the lot anyway.

R.

Mrs TOF and I are planning to change our wills shortly.

Not having any children (and we are in our late 50s) our plan is to
leave about 50% to the local Church of England Parish. Is there a good
form of words to say we leave appointing executors to the PCC. It's
not
that we don't trust our relations (siblings' descendants), but their
lives are complicated enough, and we are not leaving them much!

Yes, we will be having the things drawn up by solicitors, but I'd like
some idea before I speak to them, and before I speak to the Rector.

The legal and financial structures of the CofE are extremely
complicated. I'm not even sure that the PCC has any legal identity as
such. The Rector will be a corporation sole, and might be a more
appropriate beneficiary, but in practice financial stuff end up in the
hands of the Diocesan Board of Finance. You probably need advice from
a solictor who knows ecclesiastical law - it is a rather specialised
field.

As others have implied, although I don't think anyone has said in in
so many words, it is not possible to delegate the appointment of an
executor.


AFAIK it is not and it is difficult to see what benefit the OP thinks can
be
gained from doing so.

Peter Crosland

The OP (me) thought that, as he was leaving a lot of money to a Church,
it would be a good idea to let them find a volunteer to do the work.
However, now, with the benefit of the advice I got here (thanks, btw), I
see the error in my thinking, and plan to talk to the Rector about who
should be named. We may also need to ask diocesan advice.

I have a pathological hatred of paying lawyers vast fees for something
any layman can do (and I've done several simple executor-ships, it's a
lot of letter writing but it is isn't hard) - but it may be that the
Church would rather have a lot less and pay someone to do it. (Note,
I'm not saying I can write this will, just that I want it written so
that someone like me can understand and administer it - that IS a job
for a lawyer, and worth the money too).

One of the difficulties of planning for your death, is that if you
don't have children most of your friends will either be dead or very
old, so it's difficult to nominate anyone. Finding an executor is the
main issue in will writing for me.

Of course, unless we both die fairly soon, the question will be moot,
as Gore-Doom and his crony Darling, The Official Thief, will probably
have stolen the lot anyway.


All noted. The problem I can see with trying to find a volunteer associated
with the church is that they often fully occupied with other matters. I have
faced a similar dilemma and the solution I have found is to appoint a close
and trusted friend and his son, who I also trust, as joint executors. This
hopefully covers the situation of the executor predeceasing me. Not ideal
but a reasonable solution if you are not prepared to have the executorship
done by a professional.

Peter Crosland

On Oct 25, 5:50 pm, TheOldFellow wrote:
Mrs TOF and I are planning to change our wills shortly.

Not having any children (and we are in our late 50s) our plan is to
leave about 50% to the local Church of England Parish. Is there a good
form of words to say we leave appointing executors to the PCC. It's not
that we don't trust our relations (siblings' descendants), but their
lives are complicated enough, and we are not leaving them much!

Have you spoken to your (great) nephews and nieces about this? It's
possible they would be offended at not being asked (even if it isn't a
lot of money involved). They may also prefer to do the work on the
grounds that every UKP1 not going to a solicitor is 50p going to them
and their relatives.