Unfriendly executor problem

Mojisola

kaya wrote: »

it was my nans wish that her property be left to her children also which isn't going to happen if the property is sold

So we come back to the OP again regarding having him removed as executor

If she lives long enough to use up the value of the house in care home costs, her children aren't going to inherit anything, either.

You can't remove the executor because you have a feeling he won't do the job properly.

kaya

Very true, is that a definite legal point that you can not change the executor or an opinion? It's not a feeling that he won't do his job properly it's the fact that he has become alienated and aggressive towards my mum, I don't know an awful lot about wills but thought if it was a possibility it should be looked into now rather than waiting till the poop hits the fan (which it will). I'm all about prevention being better than a cure

Mojisola

There are three reasons for removing an executor -
he/she is disqualified because of a conviction and jail sentence,
he/she is incapable because of a physical or mental disability,
he/she is unsuitable because of serious misconduct such as stealing from the estate, failure to keep accounting records, failure to obey a court order and/or mismanaging the estate.

nom_de_plume

kaya wrote: »

The executors wife passed about 7 years ago leaving only two remaining siblings so the will dictates that the property will be split between them(confirmed by a solicitor).........
If mum puts the house on the market and sells it (it's currently being rented out to help pay the care home costs) then according to the will any monies from the sale become savings and the two remaining siblings get nothing whatsoever and anything left after the care home is paid gets split between the grandchildren.

I 'believe' there may be a way around this which would involve somehow 'ringfencing' the proceeds from the sale in such a way as that they are still clearly identifiable as being to all intents and purposes the property stated in the will. I'm just going from a long distant conversation regarding a relative who had gone into care and a potential issue with the sale of their property which would have deprived one individual of a substantial inheritance. The relative passed before the property was marketed so the issue never came to a head.

It may be worth seeking professional advice in this direction.

rpc

kaya wrote: »

there is a property to sell could take years.

Does the will require that the property be sold?

If the will does not expressly stipulate that the property be sold, the title can be transferred to the two beneficiaries and they can sell it themselves.

Even if the will does say that is should be sold, the affected beneficiaries could agree a deed of variation.

sithemadmonkey

rpc wrote: »

Does the will require that the property be sold?

If the will does not expressly stipulate that the property be sold, the title can be transferred to the two beneficiaries and they can sell it themselves.

Even if the will does say that is should be sold, the affected beneficiaries could agree a deed of variation.

Doubt this could be done if there's a charge on the property for care home fees, unless the fees could be paid off first (which sounds unlikely).