Executor problems

RAS

Has your OH spoken to the Probate Office locally, as advised? I am sure that they would be happy if the solicitor wrote and explained that he was unable to get the second executor to co-operate (unless the will was altered in his favour). The meeting this week did the cousin no favours.

Errata

How on earth can the solicitor fill in any forms about the house sale when probate hasn't been granted? Probate is the legal instrument that proves the will was made by the deceased and gives the executors legal responsibility for settling it. In this case, without probate the will is meaningless.

pamela1949

Errata wrote: »

How on earth can the solicitor fill in any forms about the house sale when probate hasn't been granted? Probate is the legal instrument that proves the will was made by the deceased and gives the executors legal responsibility for settling it. In this case, without probate the will is meaningless.

Errata we are aware that house sale cannot complete until probate granted. However... we can go a long way .... just getting conveyancing forms filled in and ready

Regards and Thanks for interest

Errata

Looks like you may need to contact the PO, inform them one of the executors refuses to co-operate with the other one in obtaining probate and ask for guidance on the way to proceed.

zzzLazyDaisy

Errata wrote: »

Looks like you may need to contact the PO, inform them one of the executors refuses to co-operate with the other one in obtaining probate and ask for guidance on the way to proceed.

I agree with this. Executors have a legal duty to act in the best interests of the estate. He is using his status at executor to blackmail the other beneficiary into giving up part of his bequest, that is overstepping the boundaries.

I am sure that the probate office will have come across cases like this before, and will be able to advise what to do next.

meritaten

If the will stated the house was to be sold - there is nothing stopping the house sale going ahead just because an executor threw a wobbly! the solicitor can carry out the terms of the will UNLESS someone contests it and everything is put on hold!
Right now my mums inheritance is being put on hold because a beneficiary is contesting the terms of the will and the way the solicitors have interpreted those terms. but it didnt stop the property being sold or the jewellery or other effects. but the monies from those are still frozen.
in these situations hardly anyone wins except the solicitors!

pamela1949

An update on ongoing problems with other executor.

Our solicitor wrote to him and asked him to either:

1. Co-operate with my husband to get Probate granted... with or without his own solicitor at extra cost.

2. As he hasnt intermeddled ie done nothing. Renounce his position and allow husband to continue on his own

3. Renounce his position with power reserved, so he can step back in if things not progressing. ie. husband doesnt continue

Solicitor gave him 7 days to reply... todate nearly 2 weeks later he has heard nothing!

Yesterday we saw our solicitor and he has written again to executor and given him same options

He has again given him 7 days to reply or husband will go to court to get him removed.

We are going to get advice from Probate Office ourselves.

This is holding up sale of house ... buyer is all ready and willing?


Anyone any advice please. This is not very nice.


Regards Pam

AndrewSmith

Radish72 wrote: »

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

You cant make that assumption, it depends on how the will was written and the way the Executors were named in the will.

If the cousin is named as second executor then technically he is jointly acting with the 1st executor, unless he is named as reserve executor in which case he only acts if the first executor cannot / is unwilling to act.



OP:

I dont hink he will have any luck on this one to be honest.

paddedjohn

Ask your solicitor to start the ball rolling to remove the cousin as an executor.

patchwork_cat

I don't think that anyone on here can give you better advice than the solicitor has already. He sounds like he has his finger on the pulse.

Are you just posting for support in which case, you have my sympathies, there is something about estates and executors that brings out the power hungry in some. I know of people who have used nieces and nephews as executors and without remuneration, personally I think it is a lot of work to do for someone when you are not even a sizeable beneficiary. I would do it in a heartbeat for the deceased if I loved them, but not everyone is charitable.