Removal of Solicitor named as sole executor

tillson

An aunt has recently passed away and I am in the process of sorting out her affairs. Shortly before she died, she gave me a copy of her will which I have only looked at since her death.

In the will, she leaves a small nominal amount to two relatives, two modest charitable donations and the residual of her state split equally between my Sister and myself. The will also nominates a firm of local solicitors as the sole executors.

I acted as the executor in my late fathers will and fully understand the procedures and responsibilities which accompany the role and am competent to do the work. My sister is in full agreement for me to take on the role, the intention being to save an undisclosed sum of money in solicitors fees.

My question is, can we discharge the solicitor and act for ourselves under these circumstances?

Ziggazee

Not without the Solicitor agreeing to withdraw from his duties as Executor. Your aunt clearly nominated these Solicitors as they were her wishes, perhaps you should respect that.

tillson

Ziggazee wrote: »

Not without the Solicitor agreeing to withdraw from his duties as Executor. Your aunt clearly nominated these Solicitors as they were her wishes, perhaps you should respect that.

Thank you for the information regarding how the solicitor's involvement can be altered.

I don't remember asking for advice on how to respect the wishes of my late aunt. The intelligent amongst us will realise that there could be a multitude of reasons why she appointed a solicitor to act as the executor. It is an increasingly known fact that solicitors and banks, when constructing wills, favour themselves as executors thus opening up a future avenue of income. Often this has little to do with the wishes of the client, but more to do with securing extra fees.

You are clearly a small person possessing little in the way self esteem. If moralising on issues for which you have no knowledge or understanding gives you a temporary self confidence boost, please do it elsewhere.

scottishchick27

At the risk of getting a mouthful of abuse from you I agree with Zigazee, you'd have to get the solicitor to agree to withdraw but it's very doubtful that they would. You really are a piece of work though aren't you?

Gingernutty

tillson wrote: »

I don't remember asking for advice on how to respect the wishes of my late aunt.

You clearly need reminding.

tillson wrote: »

The intelligent amongst us will realise that there could be a multitude of reasons why she appointed a solicitor to act as the executor.

And as she seemed to be of sound mind when she had the will written up, you have to abide by her reasoning no matter how much it sticks in your craw.

tillson wrote: »

It is an increasingly known fact that solicitors and banks, when constructing wills, favour themselves as executors thus opening up a future avenue of income. Often this has little to do with the wishes of the client, but more to do with securing extra fees.

Yep. And there is nothing you can do unless or until the executor has proved themselves inept, incompetent or unreasonable. There are other threads on this forum about such executors (amateur and professional).

The legal hoops the benficiaries have to go through to try and get them struck out as the executor are mind blowing and expensive.

In your case, as the executor doesn't seem to have even started the work, you are trying to get them dismissed before they've even done something wrong. You can't do that.

I understand what you are trying to do - as you and your sister are due the residue of your late aunt's estate, you are trying to maximize what you are going to get after the fixed financial donations.

tillson wrote: »

You are clearly a small person possessing little in the way self esteem. If moralising on issues for which you have no knowledge or understanding gives you a temporary self confidence boost, please do it elsewhere.

ooooooooooooooooooooooooooooooooo! Get you!

jackieglasgow

I have to say, you are the rudest OP I have seen on these boards for a long time. No you never asked for opinions, but by the very nature of this forum, and this board in particular, you are going to get them. Especially when you sound like a money grabber, not a money saver.

whitewing

OP, I think your response to Ziggazee's post was downright rude.

You could look at it another way - if your aunt had wanted you and your sister to have more money, she could have left you more. Yes, I agree that solicitors probably smooth the way to getting themselves appointed as executors, but maybe your aunt felt that you had busy lives and she would rather someone else take the strain, particularly if it were a job that would have hated doing.

tillson

scottishchick27 wrote: »

At the risk of getting a mouthful of abuse from you I agree with Zigazee, you'd have to get the solicitor to agree to withdraw but it's very doubtful that they would. You really are a piece of work though aren't you?

Again, thank you for the advice regarding the solicitor.

Why do you feel the need to add the moral footnote? People who usually do this are depressing, miserable soles who can only inject worth into their own lives by contrasting it with their perceived inadequacies of someone else's.

scottishchick27

tillson wrote: »

Again, thank you for the advice regarding the solicitor.

Why do you feel the need to add the moral footnote? People who usually do this are depressing, miserable soles who can only inject worth into their own lives by contrasting it with their perceived inadequacies of someone else's.

Get a grip you t w a t, I hope the solicitor really drags out the Executry and you get left with a pittance maybe that was your aunts plan as she realised what an unpleasant individual you are.

Oh and it's souls not soles

tillson

scottishchick27 wrote: »

Get a grip you t w a t, I hope the solicitor really drags out the Executry and you get left with a pittance maybe that was your aunts plan as she realised what an unpleasant individual you are.

Oh and it's souls not soles

Oh dear, it appears that you have run out of vocabulary and have had to resort to swearing. That's all I need to know and your opinions can now be dismissed.

lifeisgood

OP, the solicitor will have the original will, so can I suggest that you and your sister make an appointment to see him/her. As you have already been advised, you cannot arrange to have an executor discharged unless there is a very good reason. But they may be happy to pass the reins over to you, especially if they have far more lucrative projects to busy themselves with.

However, please don't be offended if I add that if you go in with the attitude you have shown here, you will be extremely unlikely to get your wish. Solicitors don't take kindly to being told you could do the job better - even if it is true!