Usual family problems with Will

davidwm

My father recently passed away (Jan). I have held Power of Attorney for last 5 years. My brother and sister didn't want any involvement sorting stuff out.
All three of us were named as joint executors and also equal beneficiaries.

I have engaged a solicitor to sort out and apply for Probate. The solicitor suggested that my brother and sister should renounce their executor status so that she would have just one point of contact. In her letters to them she made it clear that a full financial statement would be provided to them on completion.

My sister renounced her status immediately.

My brother ignored the letter for 2 weeks. When I rang him he said that he was not prepared to renounce executor status and was going to seek independant legal advice. I explained to him that the solicitor thought it would be simpler dealing with one person. I then offered to renounce my status so that he would be the sole contact point. He said he wouldn't know what to do and had no knowledge of my dad's affairs.

I then asked him what the problem was at which point he hung up.

The solicitor has over the last 2 months written to him twice and has received no reply.

Does anyone know what happens now. Can he be held accountable to either renounce or action his executor status?

What happens if he just ignores the letters?

Regards

David

Dillence

I am not sure what happens if a person refuses to sign but there is an option for an executor to reserve their power to be used in the future if necessary. (I am not sure if it is possible to do this when a solicitor is applying for probate.) In the end he would still have to sign something before you could get probate.

It might be worth ringing your local probate office and speaking to them, to see if they can help (direct.gov). What does your solicitor recommend?

Sorry for your loss, I lost my mum Jan as well.