Executor in will
My firm drafted and is holding the will of a recently deceased client. When is an executor named in a will entitled to the original will?
A valid will speaks from the date of death. In other words, an executor’s powers arise from the will and not from the grant of probate. Therefore a sole executor or, where there is more than one executor, all executors jointly, subject to adequate verification of identity, are entitled to the original will from the date of death.
However, if there is no will, then any administrator entitled to take a grant of representation will obtain the power to administer the estate on the making of the grant.
See generally, The Probate Practitioner's Handbook 6th edition, which can be obtained from The Law Society Bookshop.

