Can i contest a executor?

Terrano

Hi, My friends Father died about a month ago, there are four children left, all adults, the eldest has lived in the house with the Father since the Mother died five years ago. The second oldest has gone to a solicitor to have herself made executor. Can she do this without consent from the other siblings? Also there will be a small deficit of £6,000 on the mortgage, the son is on benefit, and it looks like her main aim is the sell the house, which is prob worth about £120,000. The other two sisters would like for the brother to remain in the house.

robpw2

why would you contest it , you have no claim over this as far as i can see .

the other members of the family could if they wanted to im sure ,

Tozer

Executors are appointed by the will. What does the will say?

Errata

Is there a will? If so, is the second eldest the sole executor?
If there isn't a will then the rules of intestacy operate.

System

just because 2 of the 3 sisters want the brother to stay in the house doesnt really matter . if the estate is to be split equally why not have the house valued and pay the 3rd sister her share then they can do what they want. if they want to subsidise him fair enough but they are under no obligation to do so.

Terrano

Thanks to all, there was no will, therefore no executor, does there need to be an executor, and can you just pay a solicitor to make you one without consent from the other two sisters and the son?, or can that be contested? I can see the point of paying the elder sister her share. Thanks again in advance

TeresaO

Hi,

As I understand it anyone of the deceased children can apply for Probate (letters of Administration) to enable them to administer the estate. Also you can have more than one name on the application for probate/LoA. Whoever is named on the Probate/LoA is legally responsible for the estate, payment of debts and claiming monies due etc. This can of course be handed over to a solicitor for a fee. hope that helps a little - I am no expert.

T