Asking an Executor to stand aside.

watchitm80

My father died last Wednesday. In his will (dated 07/04/1981) it states

"I APPOINT Midland Bank Trust Company Limited (hereinafter called "the Company") to be the Executor and Trustee of this my Will upon it's Standard Conditions as now in force (as if the same were here set out) with remuneration as provided by those Conditions and the Company's Standard Scale of Fees in force at my death with power to charge remuneration in accordance with any later scale of fees of the Company for the time being in force."

The company is now known as the HSBC and a little Googling has shown them to be one of the highest chargers for this type of work. Would there be any grounds for asking the HSBC to stand aside to allow myself to become Executor? How could I best approach the question with the HSBC? If all else fails would it be acceptable to offer the HSBC money to waive their right to act as Executor?

Thanks in advance.

Marcheline

Hi, I am sorry to hear of your loss. I am by no means an expert, but it is my understanding that (unless you are named as a joint executor in the will) you cannot override the wishes of your father and ask for HSBC to stand aside to take over the work yourself. However, I could be totally wrong.

A similar discussion was had here in the past, but the people concerned were named joint executors with a bank. http://forums.moneysavingexpert.com/showthread.html?t=593739