Stuck. Can the other executor of a will be replaced if they won't respond?

emma12345

Just that really.

My mother died in October 2014. The executors of her will are my sister and me, we appointed solicitors in January 2015 to deal with probate.

By December 2015 everything was sorted and the money was due to be distributed. It's being held in the solicitor's client account, a six figure sum to the three grandchildren.

However sister isn't apparently replying to any phone calls or letters from the solicitors. The solicitors aren't replying to my letter and didn't return my one phone call asking about the matter (I don't want to hassle them too much but it's getting a bit silly now). Solicitors said they will phone back the next day after getting in touch with the other executor, that was a couple of months ago, nothings happened since then. They need her permission to send the cheque for my two children to me and for her child to her. Nothing can move forward until then.

Also are the grandchildren entitled to interest on the sum held in the solicitor's account?

The other thing is that the solicitors were supposed to deal with the transfer of the deeds or some way of protecting the half property that will eventually go to the grandchildren when granddad passes on. They say they haven't been able to do this and to contact the Land Registry and do something about it. But what? Where do I start with this?

Bearing in mind £11,000 has already been paid to the solicitors for a very very poor service the next time I contact them I would really like to have some idea of how to move forward. I don't want them getting any more money if I can help it.

I'm no contact with sister due to differences in our lifestyles but as far as I'm aware she is around and isn't in prison (long story).

Thanks for any help you can offer in this complicated situation.

Yorkshireman99

emma12345 wrote: »

Just that really.

My mother died in October 2014. The executors of her will are my sister and me, we appointed solicitors in January 2015 to deal with probate.

By December 2015 everything was sorted and the money was due to be distributed. It's being held in the solicitor's client account, a six figure sum to the three grandchildren.

However sister isn't apparently replying to any phone calls or letters from the solicitors. The solicitors aren't replying to my letter and didn't return my one phone call asking about the matter (I don't want to hassle them too much but it's getting a bit silly now). Solicitors said they will phone back the next day after getting in touch with the other executor, that was a couple of months ago, nothings happened since then. They need her permission to send the cheque for my two children to me and for her child to her. Nothing can move forward until then.

Also are the grandchildren entitled to interest on the sum held in the solicitor's account?

The other thing is that the solicitors were supposed to deal with the transfer of the deeds or some way of protecting the half property that will eventually go to the grandchildren when granddad passes on. They say they haven't been able to do this and to contact the Land Registry and do something about it. But what? Where do I start with this?

Bearing in mind £11,000 has already been paid to the solicitors for a very very poor service the next time I contact them I would really like to have some idea of how to move forward. I don't want them getting any more money if I can help it.

I'm no contact with sister due to differences in our lifestyles but as far as I'm aware she is around and isn't in prison (long story).

Thanks for any help you can offer in this complicated situation.

Lodge a formal complaint with the solicitor under the complaints procedure.

PasturesNew

It's not much help to you now, but when we had 3 executors, two just signed/opted out. Solicitor said that would cost us less as she only had to write to one and not copy all letters to all people.

Can't you phone your sister?

Land_Registry

emma12345 wrote: »

Just that really.

My mother died in October 2014. The executors of her will are my sister and me, we appointed solicitors in January 2015 to deal with probate.

The other thing is that the solicitors were supposed to deal with the transfer of the deeds or some way of protecting the half property that will eventually go to the grandchildren when granddad passes on. They say they haven't been able to do this and to contact the Land Registry and do something about it. But what? Where do I start with this?

I assume from your post that the property is in England or Wales, registered and was jointly owned by your late Mother and her husband who is still alive.

If that is the case then the legal ownership has passed to him on survivorship and it is the beneficial interests of the grandchildren you are therefore dealing with.

You cannot transfer a half share in the property so either Granddad would transfer the whole to himself and say the grandchildren or you would look at other ways of protecting the grandchildren's interest - we cannot advise you on the best way to do this so I am a little surprised your solicitor referred you to us.

The only thing I can really do is perhaps steer you in a certain direction which others may be able to explain further or assist on.
If your late Mother and Granddad were 'tenants in common' then I assume they had protected this in some way e.g. deed/declaration of trust explaining how each beneficial share was divided when one of them sadly dies.

If they did then this may be the protection needed and there is nothing more to do other than to share and discuss that with Granddad and the children as well as a solicitor to confirm what options are now available and whether, for example, a new trust deed/declaration of trust is required

emma12345

Yorkshireman99 wrote: »

Lodge a formal complaint with the solicitor under the complaints procedure.

Thanks, however they are a very small firm of solicitors so not sure it would help much. It's run by a couple and they have a couple of solicitors working for them. The guy dealing with our case has just been made a partner which complicates things further.

Now they've got their money out of it they're not interested it seems. When we gave them the documents back in January 2015 they did nothing, ignored us and didn't write a single letter or fill out any form until April 2015 when I asked them to return the documents if they didn't want the case. Then the owner of the firm rang and things started moving, albeit slowly.

I know interest is low at the moment but should they be paying interest on the money held in their client account?

emma12345

PasturesNew wrote: »

It's not much help to you now, but when we had 3 executors, two just signed/opted out. Solicitor said that would cost us less as she only had to write to one and not copy all letters to all people.

Can't you phone your sister?

Thanks, I wish she had decided not to be an executor.

Phoning my sister is not an option, she wouldn't be interested anyway as she is only interested in things that concern her. Her son was taken into permanent foster care until he is an adult and she only has supervised access. Nothing about this benefits her so she is unco-operative.

emma12345

Land_Registry_representative wrote: »

You cannot transfer a half share in the property so either Granddad would transfer the whole to himself and say the grandchildren or you would look at other ways of protecting the grandchildren's interest - we cannot advise you on the best way to do this so I am a little surprised your solicitor referred you to us.

The only thing I can really do is perhaps steer you in a certain direction which others may be able to explain further or assist on.
If your late Mother and Granddad were 'tenants in common' then I assume they had protected this in some way e.g. deed/declaration of trust explaining how each beneficial share was divided when one of them sadly dies.

If they did then this may be the protection needed and there is nothing more to do other than to share and discuss that with Granddad and the children as well as a solicitor to confirm what options are now available and whether, for example, a new trust deed/declaration of trust is required

Land Registry Representative,

Thanks for your reply. The property is held as Tenants in Common and is in England. My mother's 50% is to go to the three grandchildren. One is over 18, two are under 18.

The solicitor was originally trying to get my dad to sign a form to transfer my mum's 50% into my and my sister's names until the children all reach 18. Thankfully my dad refused. Getting my sister to sign it over to the children at a later date would have been virtually impossible.

Then the solicitor wrote saying we needed to contact the Land Registry to put some marker on the deeds? But what? I would like something to be put into place to protect against fraud, e.g. someone getting a loan against the house or trying to change my mother's name on the deeds. Then forget about the house until dad passes on and the children are over 18.

But what can I do to protect the childrens' future interests. In these circumstances is there any point in contacting the Land Registry as the solicitor says?

Many thanks, again.

TBagpuss

It's dificult to remove an executor. I would suggest that you first speak to the solicitor to find out exactly what needs to be done, inclduing details of anything which needs to be signed.

Then contact your sister. Ideally, go to see her in person, taking with you anything which needs signing. If this is not possible, then you can ask the solicitors to write to her - ask that they send her the documents which need signing, clearly marked, and that they include an SAE to return the documents.

As you have concerns about the way the solicitors have handled things, I would recommend that you write to them immediately after you have seen them, confirming in writing that what they have told you, and what you and they are each gpoing to do next, and within what timescales. If it is importnat that something is done quickly, say so.
Keep a copy of that letter.

If you do want to comaplin about the solicitor you would need to do so via the firm first, even of you don't think that will be effective, as you cannot normally taek a complaint to the ombudsman unless you have first tried to resolve it directly.

Interest: The benficiaries would normally get interest - most solicitors will have a specifc policy about this. Normally, interest is payable on larger amounts but if the total ionterest is less then a certain figure (£20 is common, but not mandatory) it isn't paid.

In terms of the House, if the property is registered in the names of your mum and dad and the office copy entires show that they held as Tenants in Common then in order to sell or mortgage the property any third party would have to provide signatures from both of your parents , or evidenc eof your mum's death plus your dad's signature and evidence of how they were entitled to deal with the other half - typically for executors this would involve a copy of the grant of probate, and then the executors would need to sign and produce ID.
If the office copies *don't* make clear that the property was held as tenants in common then the risk would be that your Dad, as survivor, might sell or mortgage the property.

emma12345

Many thanks, that was very helpful.

I think my next step with the money is to contact the solicitors and be persistent about getting a reply rather than letting it slide. Also to ask about interest on the money held by them. Then if I ever do get the money for the children I have to find somewhere safe for it for one of my children until she's 18 but that's if I can get it and it doesn't get swallowed up by fees.

The house brings up further questions. I did think it was tenants in common as the title register downloaded from the land registry has the following statement on it:

(19.12.2013) RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital
money arises is to be registered unless authorised by an order of the
court.

The above was added at the time my parents made their wills.

Could anyone confirm that this does mean it is tenants in common or does my dad now own 100% of the property? If that's the case then the grandchildren will likely see nothing from it in the future.

Thanks

TBagpuss

yes, that means they held as TiC, so your dad, as sole survivor, can't sell the property, it takes two.

emma12345

TBagpuss wrote: »

yes, that means they held as TiC, so your dad, as sole survivor, can't sell the property, it takes two.

Thanks, but does it mean that half of the property is protected for the grandchildren, as written in the will. My dad couldn't then will the property to someone else, only his 50%?