Executor problems

gratefulforhelp_2

There is a helpline number on your probate documents. You will need him to sign forms prior to obtaining a grant of probate, but you will not both need to attend the interview.

Savvy_Sue

gratefulforhelp wrote: »

There is a helpline number on your probate documents. You will need him to sign forms prior to obtaining a grant of probate, but you will not both need to attend the interview.

however I think you will need to explain why only one of you is going if there are two executors. There is provision for this, IIRC, but it's not as simple as both signing and only one turning up to swear.

Just_Caz

Just to clarify - when you say he is 'not happy with the content of the will', do you mean that he doesn't like the terms of the will or that he is claiming it's invalid?

Errata

Savvy_Sue wrote: »

however I think you will need to explain why only one of you is going if there are two executors. There is provision for this, IIRC, but it's not as simple as both signing and only one turning up to swear.

I'm just at the end of this process, I'm one of two executors.
I gave verbal permission to the other executor to handle everything, they wrote to Probate Office explaining this and that I couldn't attend the office with them to swear. PO gave them an appt to swear, which happened last week and gave them a form for me to sign which bears the statement -

"I understand that I have been named as an executor in the will of the said deceased. Although I do not wish to act at present, I reserve the right to apply for a Grant of probate in the future".

I have signed the form and posted it back to the PO. It was very straightforward.

Mojisola

Errata wrote: »

I have signed the form and posted it back to the PO. It was very straightforward.

Presumably you were happy with how things are progressing.

In this instance, the cousin isn't happy with the will and surely won't give permission allowing things to move forward.

Errata

Mojisola wrote: »

Presumably you were happy with how things are progressing.

In this instance, the cousin isn't happy with the will and surely won't give permission allowing things to move forward.

Yes I was. In your case I guess the cousin will have to contact the PO for guidance, although as this particular will can't be challenged until probate is granted I'm not sure how this would work out.

Mojisola

Errata wrote: »

Yes I was. In your case I guess the cousin will have to contact the PO for guidance, although as this particular will can't be challenged until probate is granted I'm not sure how this would work out.

I would expect that, if the cousin does get legal advice, he/she will be told that there are no grounds to challenge the will and maybe it will all go through easily.

On the other hand, an aggrieved executor could delay and drag things out. I'm sure the Probate Office has come across this before and could give advice about it.

Errata

If one of the executors is dragging things out unecessarily a complaint by the other(s) can be made to the PO.
The cousin is trying to wear two hats at the same time ,hat 1 as a beneficiary, hat 2 as an executor. The executor is bound by law to act in a certain manner, beneficiaries are their own master.

gratefulforhelp_2

Savvy_Sue wrote: »

however I think you will need to explain why only one of you is going if there are two executors. There is provision for this, IIRC, but it's not as simple as both signing and only one turning up to swear.

It was when DH did it, just a couple of weeks ago.

pamela1949

An update on this... more problems im afraid. Our solicitor invited co executor to attend a meeting last week.

He also invited my husband as other executor. When he saw my husband was there he threw a wobbly. He said he didnt want husband there. Solicitor said he wouldnt see him without husband there.

Co executor walked out. Husband then spent some time on his own with solicitor who said he would write to the other executor next week.

Solicitor said to continue with filling in forms for the house sale.

Any idea what will happen now ? thanks