Estate Executor Not Cooperating

zzzLazyDaisy

Yes they do, because they have already obtained a grant of probate and he is named as one of the administrators.

Dx

spacey2012

To remove an administrator, the agreement of all remaining Administers makes this a much easier task.
The court would need to see some evidence of this disagreement.
It could all be over and done in 7 weeks, so why not get started.

On his solicitors letter, send a complaint to the law society, the SRA would love to see that advice he is passing off.

getmore4less

The mistake was letting him get joint admin as he was overseas.

Anyway you have the evidence they are totaly unsuitable and obstructive.

the probate office should not advise on this but can help with the process to make a case.

if it get to court will he attend or put up a defence through a solicitor.

Worth getting on advise on court/solicitor fees and if brother can use estate to cover theirs.

I think this is one you could do yourself with some help


Did you agree to the use of a solicitor as joint executor

zzzLazyDaisy

What about the other beneficiaries? Would they agree to this sibling being removed, since they are also affected by his demands for the house?

ben9090

Thanks for everyones help. Its really appreciated.

Everyone wants him removed and everyone is in agreement that the only way to move forward is to remove him. Its just how we go about it.

I’ve called the probate helpline and they told me to call the local probate office. The probate office told me that I have to take legal advice and go through a solicitor. They said that I cant do it myself as someone on here stated (If anyone can advise otherwise Id be grateful.)

To me we have the following solid items of evidence that he isn’t pulling his weight and is not acting in the best interests of the estate.
1) Refusing to sign anything for 12 months despite the pleas from the solictors. Because the bank accounts couldn’t be closed down, no bills could be paid incurring debt recovery charges etc
2) Stated he would only sign documents if his siblings sign a deed of variation to leave the main property to him only (claims his mother told him its what she wanted but nothing to back that up)
3) Refusing to accept an offer on her 2nd dwelling despite the advice of the other estate agent and the other siblings being very happy with the offer. This property is now getting damp, overgrown and dilapidated reducing the value further. He wont accept anything less then the asking price. (We are getting a letter from the estate agent saying it’s a good offer and we should accept)

We desperately don’t want to squander more time and money on further legal advice so if there is any other way that we can streamline the process Id be grateful.

Thanks

zzzLazyDaisy

ben9090 wrote: »

I’ve called the probate helpline and they told me to call the local probate office. The probate office told me that I have to take legal advice and go through a solicitor. They said that I cant do it myself as someone on here stated (If anyone can advise otherwise Id be grateful.)

Thanks

Hi, if it was my post you were referring to, I can confirm that you definitely don't need a solicitor to deal with probate.

However, if the probate office is advising that you need a solicitor to have an appointed administrator removed from duties, I can't comment on that.

Just to be clear, does the brother have a different solicitor acting for him, or is it the same solicitor who is dealing with the estate? If it is the same solicitor, I suggest that he has a conflict of interests as the brother is not acting in the interests of the estate or the beneficiaries, and is himself in breach of his duty of trust as a court appointed administrator.

I suggest that the remaining administrators and beneficiaries make an appointment to see the solicitor who is dealing with the estate, in person. If this is not possible owing to locality, commitments, or other reasons, then at least one administrator should attend the appointment, and anyone who cannot attend should write to the solicitor explaining that they have lost trust and confidence in the brother's ability and willingness to fulfill his duties as administrator, explaining their reasons in their own words, and stating that they believe he should be removed from acting.

When you see the solicitor, one of the things to discuss is the costs of having the brother removed. It might be that if he is found to be negilgent or in breach of his duties, that he would be ordered to pay the costs of the action personally. In other words it would come out of his share of the estate. I don't know if this is in fact the case, but since costs normally follow the decision, it seems likely.

Another thing to discuss with the solicitor is his potential conflict of interests. He is appointed by the administrators to act on behalf of the estate. He cannot also advise one administrator who is acting against the interests of the estate, as the interests of the two are different and it is impossible for him to properly advise both parties (hence the term 'conflict of interests'). So once it is made clear that there is an irretrievable breakdown between the other administrators and the brother (in my view) the solicitor should be advising the brother to seek separate and independent legal advice. This would of course hit the brother in his private pocket, and might rein him in.

Remember also that if you are not happy with this solicitor, you are entitled to ask for the file to be transferred to a different solicitor within the firm (or even to a different firm of solicitors, although this would incur further costs and possible delays).

Good luck and do let us know how you go on.

Dx

ben9090

Hi

The brother doesn’t have a different solicitor, he doing all this through the solicitor dealing with the estate. This is why we’re pretty annoyed as the solicitor won’t discuss any of our problems or advise on removal. He just says he has to remain impartial and if we want to consider removal or have any dispute then we need to seek advice elsewhere. However he seems to deal with all the brothers’ bizarre claims and requests.

We are all local with the exception of him so meetings/signatures can be done in no time on our site.

To us it’s not a personal matter, it’s mainly that we’re turning down an excellent offer for a property and squandering money of solicitors/fees/charges. Because of him, a relatively straightforward case is 16 months in with barely any progress being made. Obviously all this has a negative effect on the estate.

We will arrange another meeting with this solicitor and see if his attitude has change now that we aren’t able to accept a good offer on a property. To me because of this maladministration it’s having a direct negative effect of the estate which should surely be a concern for the solicitor? It’s very different to siblings just disagreeing with who gets what.

Thanks again, Ill keep you informed as Im sure it wont be the last of the problems.

spacey2012

You might be better removing the solicitor as well whilst you are at it.
Make it clear that will happen if he does not stop playing wind the clock up.

zzzLazyDaisy

spacey2012 wrote: »

You might be better removing the solicitor

I agree with this. From what you say, you are probably not going to get very far with him. It is quite possible that he isn't advising the brother either, but just acting as a postbox between you (and of course charging each time he receives or forwards a letter).

However, I do not know if it is possible for you to remove the solicitor from acting for the estate, without the agreement of all the administrators.

The solicitor's firm will have a complaints procedure. I suggest that you check this out and write a letter clearly setting out your concerns, get it signed by all administrators and beneficiaries, send it to the person named in your care letter as dealing with complaints, and ask for an appointment with someone who can discuss this matter with you, and advise on a way forward. Make it clear that all administrators and beneficiaries find it unacceptable that this solicitor continues to act on behalf of the brother who appears determined to force through a variation of the will as a condition of providing the signatures lawfully required of him in his capacity as administrator, which is clearly against the interests of the estate and its beneficiaries.