Executor problems

pamela1949

Hi are there any legal people out there ?

My husbands mother died last December. He and his cousin (step) are joint executors.

At the funeral the cousin said to my husband... you go ahead with probate and ill sign whatever is needed

So we clear out the house and put it on the market (with solicitors permission) We have now had an offer on the property

The property was left to us and my daughter is to get mils savings with a few other bequests.

Cousin left a few thousand.

Now cousin is saying he is unhappy with the will content and is going to get advice.

Will is valid and was made when MIL only in her 70s


What chances has he got.

Thanks a lot hope you can help

Mojisola

Chances - zero unless he was being financially supported by her in the years before her death.

It may be an attempt to squeeze more money out of your husband. Perhaps he thinks that if he threatens to drag out the process by refusing to sign the paperwork, he'll get offered a lump sum?

Errata

Have you actually obtained probate? Did your OH and the cousin attend the meeting at the probate office together and both sign the probate documents?

jackieglasgow

Cheeky sod. Tell him to do one. Well actually that's probably not the best legal advice, but people like that get my goat, he's fortunate she was kind enough to leave him anything!

Radish72

He has no chance in my opinion

Is your husband the first executor of the will, as he will be responsible for excuating the wishes in the will

The 2nd named executor is literally a back up plan. I have my BF as executor and was going to put my dad as 2nd. My solicitor advisd to have someone around my own age due to my dads age so I picked my best friend, she will only have do anything if myself and BF die in an accident together

Speak to your solicitor

Errata

Radish - I think you need to clarify your understanding. Executors are joint executors, there is no such think as a 'back up executor' as they are all equal and jointly responsible; although one, with the agreement of other(s) can take the lead.

pamela1949

Mojisola wrote: »

Chances - zero unless he was being financially supported by her in the years before her death.

It may be an attempt to squeeze more money out of your husband. Perhaps he thinks that if he threatens to drag out the process by refusing to sign the paperwork, he'll get offered a lump sum?

Thanks for your replies.

Probate in progess at the moment. No cousin was not supported by mil.

I didnt think he could hold things up too much but you never know.

Yes i think you are right he is trying to squeeze more outt of the estate.

SandC

He should ask the cousin if he would expect his own mother/father to leave the majority of their estate to him with a provision to any nephews and neices or if he thinks his cousin should get a greater share. He just needs reminding of how he might feel if the situation were reversed.

pamela1949

Sorry to keep on but has anyone had problems with executor disputes. Can he/she delay probate by refusing to sign documents?

Thanks

Mojisola

pamela1949 wrote: »

Sorry to keep on but has anyone had problems with executor disputes. Can he/she delay probate by refusing to sign documents?

Yes, he can. As there are two executors, they both need to sign the paperwork.

RAS

I strongly advise that you speak to the local Probate Office and see if they can provide advice.

And also write to the cousin and try to get him to put his demand in writing. I suspect that an executor trying to use his role to extort additional funds from an estate, contrary to the will, would be viewed very badly.