executeers of a will

elektra-2007

My gran has recently died, in her will written in 2002, she has named 2 people to be executeers.
Unfortunatly we have fallen out with one of the people chosen, who was a family friend.
What do we do...can we proced with probate without her using just the 1 executeer?
If so how do we do this?
She is the type that will want to be involved in everything(noisy) but we as a family dont want her to be involved.
My gran has left her a token amount of money which we will make sure she will get.
The main bulk of money is being left to me and my cousin(1 of the executors), so we know what were dealing with, it all seems quite simple apart from this matter.
Any help is greatly appreciated.

Errata

What do we do...can we proced with probate without her using just the 1 executeer?

Bluntly - no you can't. Unless you have reason to believe she is not a fit person, and you discuss this with the Probate Office who may or may not agree with your opinion and falling out with someone is not a reason.

monkeyspanner

She can decline to be an executor but the family/beneficiaries don't have any power to remove a properly appointed executor.

tandraig

you cant do anything - a named executor is entitled to be executor unless they decide otherwise. sorry!

Biggles

Your cousin could suggest to the other executor that, as she only has a token bequest and as you already have access to all the accounts and funds, she signs the Probate Office form to 'reserve her power' to be an executor. That means the cousin would then do everything, but the friend would not have signed away her rights, just put them to one side.

DaisyDaisy82

Yes you can but you must serve a notice of your intention to do so on the other executor first. This then allows them to have the opportunity of 'joining in' the application with you or making their own separate application.

It may be if you dont get on that they dont want to be party to any application.

It may be wise to consult a solicitor first

Biggles

DaisyDaisy82 wrote: »

Yes you can but you must serve a notice of your intention to do so on the other executor first.

You mainly need to know whether they are willing to sign the form.

If they are, things are much easier (otherwise two people, living some way apart, must arrive at the same decisions regarding the estate and agree who will actually do most of the paper/legwork. It would be hard work and inconvenient for both). All you have to do then is send them the form. The Probate Office will give you one.

If they aren't there's no point serving any notice as you can't enforce it, it's their choice.

sdooley

It's your gran's choice to have had this family friend named as an executor - the friend equally can't force your cousin to stop being executor. Who knows - your gran might have told this friend about a secret stash of jewellery in a bank vault which otherwise you wouldn't find out about. Unlikely perhaps but people have their reasons for choosing executors.

Your cousin is ideally the one to have the chat with the 'friend', to win their confidence that it's ok to let your cousin do the job alone (with power reserved to the friend) or to work out an arrangement for the cousin and the friend to work together. I know you have a gift under the will (and obviously miss gran too) but it's really your cousin that needs to be making these decisions.

The friend has the choice to renounce (give up probate altogether), take 'power reserved' or to join in the probate with your cousin. Short of insanity, there's not much that can stop that - though if the friend takes on the probate she obviously has to do it properly.