Removal of Solicitor named as sole executor

zzzLazyDaisy

Excellent advice, Lifeisgood!

I was going to comment further, from my experience as a solicitor, but to be honest I can't be bothered to waste my time on an OP who is so rude to other posters.

Jojo_the_Tightfisted

tillson wrote: »

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.

Or perhaps she didn't trust you or your sister, no matter how unfair that is to you both, to perform the duties of an executor fairly? Or she didn't want any possible conflict arising from having beneficiaries in charge of such a task - there are plenty of posts on here about how families have been torn apart by a sibling being an executor and not seen to do things fairly. Even before we get onto executors being defensive if their motivations are queried.

She chose to nominate someone independent. Whilst it may appeal to increase the pot by doing it yourself, it isn't what she stipulated.

It's not moralising, it's fact - she chose someone else to do it rather than you. Whether it's for the benefit of the others named in the will or for the good of you and your sister doesn't matter in the slightest.

I am sure if you didn't trust someone to carry out the terms of your will - or had heard of a friend whose family fell apart because of having to administer a will - you would be quite happy to appoint someone who would have the advantage of being impartial.

tillson

Final word.

Thank you very much to those who have offered advice concerning my original question. There have been both sensible and useful responses, some of which have caused me to consider possibilities which had not previously occurred to me.

I suspect that my aunt appointed the solicitor as executor with the intension that she would not burden me with additional work following her death. No doubt the solicitor would not have objected to this.

I won't self promote with tales of what I have done for her, but as anyone who has cared for an elderly relative knows, they always think that they are a burden to you and you have to invest a good deal of time reassuring them that they are not.

There are no trust issues with my sister, I would trust her completely as executor, it's just that she lives 200 miles away and we both agree that it would make sense for me to do it.

And finally yes, my motivation is purely down to maximising the amount of my late aunts estate which passes to me and my sister. She has no particular affection for the solicitor and I'm confident that it was not her intention to make a donation to Messers........ The only difference between me and the dreary moralists is that I will admit it. You would explore exactly the same avenues as me if you were faced with the same circumstances.

So thank you again to those offering advice. I now understand what I need to do and the difficulties that I may face.

scottishchick27

tillson wrote: »

The only difference between me and the dreary moralists is that I will admit it. You would explore exactly the same avenues as me if you were faced with the same circumstances.

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You are correct with this statement, I would. It isn't the fact that you are looking for a way to maximise your inheritance that's the problem it's your attitude towards posters who were trying to help, there was really no need for the nastiness.

pimento

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.

Oooh errrr Missus!

Errata

I suspect that my aunt appointed the solicitor as executor with the intension that she would not burden me with additional work following her death. No doubt the solicitor would not have objected to this.

You can suspect all you like and whatever you like, as could I or anyone else. The bald fact is that only the solicitor can resign their executorship, and as it appears to be a straighforward estate then it's easy money for them so they may be very disinclined to resign.

Gingernutty

tillson wrote: »

So thank you again to those offering advice. I now understand what I need to do and the difficulties that I may face.

Riiiiiight.

Meet the solicitor and then what? Get a legal professional who knows what he's doing to renounce Executorship? Good luck with that. Seriously.

The legal fees needed to apply to the courts to have an Executor who's done nothing wrong removed have to be paid up front and they will be huge and wasted - the courts will probably not find in your favour.

From the WrightHassall.co.uk website:-

"An attempt by the beneficiaries to remove the Executor is not an easy application. The beneficiaries must prove serious misbehaviour before the Court will even consider forcing an Executor to step down. In general, the Courts will only remove an Executor if the beneficiaries can show the following:

1. The Executor has become disqualified since the Deceased appointed him;
2. The Executor is incapable of performing his duties;
3. The Executor is unsuitable for the position."

All you can do is sit back, suck it up and smile when you are given what you are going to get.

Ziggazee

Thanks for your words of support.....as you can see I was only trying to advise the OP, won't bother in future :-)

From my previous experience in the legal profession......I previously specialised in Wills and Probate......I would often come across clients who preferred to appoint Solicitors as Executor for their own peace of mind, and having little faith in their relatives. I'm not in any way suggesting this particular lady lacked faith in her relatives, but clearly she chose to appoint Solicitors as Executors and I'm sure this was for a very good reason.

Tillson, I am in no way a "small person possessing little in the way self esteem". Perhaps you should look towards yourself before you cast aspertions on those trying to help you.

Emmzi

is it possible the dearly departed wanted an impartial person who was possessed of diplomacy so as not to upset others during the process?