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  • FIRST POST
    • Margot123
    • By Margot123 14th Sep 17, 8:37 AM
    • 217Posts
    • 174Thanks
    Margot123
    Asking Solicitor to Assist Part Way Through Probate
    • #1
    • 14th Sep 17, 8:37 AM
    Asking Solicitor to Assist Part Way Through Probate 14th Sep 17 at 8:37 AM
    I am a co-executor and finding the process very stressful. I also have no trust whatsoever in the other executor due to their bad financial track record.
    I have researched removal of executors but this would be an impossibility in my case.
    Does anyone have experience of calling in a solicitor to help part way through the administration, rather than from the outset? I am particularly concerned that money would vanish and I be personally held accountable by the other benficiaries.
Page 1
    • Keep pedalling
    • By Keep pedalling 14th Sep 17, 8:56 AM
    • 3,951 Posts
    • 4,308 Thanks
    Keep pedalling
    • #2
    • 14th Sep 17, 8:56 AM
    • #2
    • 14th Sep 17, 8:56 AM
    From what you have said on your other threads you do need legal advice. The costs for administering the estate would normally come from your share, but the costs of fighting your idiotic brother is more likely to come from him, who should really be removed as an executor. Why do you think that is not possible?

    Make an appointment with a solicitor, then decide how to proceed after the initial consultation.
    • Margot123
    • By Margot123 14th Sep 17, 1:59 PM
    • 217 Posts
    • 174 Thanks
    Margot123
    • #3
    • 14th Sep 17, 1:59 PM
    • #3
    • 14th Sep 17, 1:59 PM
    From what you have said on your other threads you do need legal advice. The costs for administering the estate would normally come from your share, but the costs of fighting your idiotic brother is more likely to come from him, who should really be removed as an executor. Why do you think that is not possible?

    Make an appointment with a solicitor, then decide how to proceed after the initial consultation.
    Originally posted by Keep pedalling
    I have spoken with 3 different solicitors now who all say the same thing. Courts will only consider removing an executor if they are currently serving 6 months or more in prison or are no longer of sound mind.
    • Keep pedalling
    • By Keep pedalling 14th Sep 17, 4:45 PM
    • 3,951 Posts
    • 4,308 Thanks
    Keep pedalling
    • #4
    • 14th Sep 17, 4:45 PM
    • #4
    • 14th Sep 17, 4:45 PM
    I have spoken with 3 different solicitors now who all say the same thing. Courts will only consider removing an executor if they are currently serving 6 months or more in prison or are no longer of sound mind.
    Originally posted by Margot123
    That is not true, they can also be removed for incompetence or misconduct in administering the estate. Your brother would appear to fit the second of those two reasons.

    https://www.wrighthassall.co.uk/knowledge/legal-articles/2013/04/04/removing-and-substituting-executors/
    • Yorkshireman99
    • By Yorkshireman99 14th Sep 17, 5:20 PM
    • 3,314 Posts
    • 2,668 Thanks
    Yorkshireman99
    • #5
    • 14th Sep 17, 5:20 PM
    • #5
    • 14th Sep 17, 5:20 PM
    How would the money vanish? Has he already got access to it?
    • Yorkshireman99
    • By Yorkshireman99 14th Sep 17, 5:40 PM
    • 3,314 Posts
    • 2,668 Thanks
    Yorkshireman99
    • #6
    • 14th Sep 17, 5:40 PM
    • #6
    • 14th Sep 17, 5:40 PM
    I have spoken with 3 different solicitors now who all say the same thing. Courts will only consider removing an executor if they are currently serving 6 months or more in prison or are no longer of sound mind.
    Originally posted by Margot123
    If three solicitors have given you the same answer then perhaps they are correct. However you need to remember that removing an executor is difficult and potentially very expensive. Have you got sufficient evidence that will stand up to scrutiny in court?
    • Keep pedalling
    • By Keep pedalling 14th Sep 17, 9:02 PM
    • 3,951 Posts
    • 4,308 Thanks
    Keep pedalling
    • #7
    • 14th Sep 17, 9:02 PM
    • #7
    • 14th Sep 17, 9:02 PM
    If three solicitors have given you the same answer then perhaps they are correct. However you need to remember that removing an executor is difficult and potentially very expensive. Have you got sufficient evidence that will stand up to scrutiny in court?
    Originally posted by Yorkshireman99
    Or possibly the wrong question is being asked.
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