Co-executor refusing to renounce role

Yorkshireman99

Snooze wrote: »

Just aired my displeasure about how she'd not had anything to do with my mother for over a decade and I'd had to look after her, travel to hospital at the other end of the country etc and now that she's dead she wants to make my job as difficult as possible instead of just doing as I ask and signing the renunciation as she'd originally agreed to do.

In summary, she is now trying to "punish" me and put as many spanners in the works as she can to make the job hard for me because she didn't like being told that I and the rest of the family are absolutely disgusted with how she treated my/her mother.

What solutions do you think the probate office will offer when they finally get around to replying?

Noted. AFAIK the Probate Office will not be able to help. Unless you want to go down the underhand route of exposing her on social media, which she certainly deserves based on what you have said, then getting the solicitor to do the job seems the only option.

wwl

Snooze wrote: »

Aha! I was not aware of this "reserving power" thing - thanks! Although I'm sure she will try to find a way to drag her heels over this as well, having done some reading about it this may be a way forwards.:)

She doesn't actually need to do anything to reserve powers, the person applying for probate just puts them down on the form as reserving powers . I don't recall exactly what the applicant needs to do in terms of getting their agreement to it - I think they at least need to notify the reserving executor in writing, but it does not involve the reserving executor signing anything, or being contacted by the Probate office.

Tuesday_Tenor

Would the sister having 'power reserved' create the vacancy situation where the named solicitor has to step in anyway, according to the terms of the will?

I'm not at all clear about this. A question for the solicitor, methinks.

getmore4less

Probate office can't offer legal advice which will restrict what guidance they can offer.

For the amount involved the largest charity beneficiary may offer a deal.

Might be worth a second opinion on the clause that appoints the solicitors what options are available.

Probably not a smart move opening up, mother may have been trying to get you guys to repair the relationship from her grave by forcing you to act together or lose money.

getmore4less

Snooze wrote: »

He has also said that because my mother specifically named him if one of us is unwilling or unable to act then, he would have to act and unsurprisingly his fees for doing this are quite sizeable.

I think I would take this a bit further when you say sizeable how much did they quote?

As joint executor with the solicitor you could do most of the work and have them just do what is necessary to get the assets collected, probably no more than 2-4 hours work for them £1k tops if it as simple as you suggest.
How many different assets are involved?

Any decent solicitor should be willing to work on a basis that reduces costs.

Sacredcat

Sorry for your loss & situation.
According to various newspapers, many families fall out after someone dies. I'm in a difficult situation too.
Can you fill in the form to reserve your sister's powers, attaching her email that says she wants nothing to do with it? Or is that wrong as she now wants to get involved?
Parents should never appoint Executors who don't get along.

wwl

Sacredcat wrote: »

Sorry for your loss & situation.
According to various newspapers, many families fall out after someone dies. I'm in a difficult situation too.
Can you fill in the form to reserve your sister's powers, attaching her email that says she wants nothing to do with it? Or is that wrong as she now wants to get involved?
Parents should never appoint Executors who don't get along.

You wouldn't attatch it - Probate office don't (any longer) require evidence from executors reserving powers

Marktheshark

The charities employ legal officers to administer wills, if they did not they would not be a charity for very long.
Contact the charities listed, as these people are usually direct employees they should be no costs to them.
See if she will agree to that.

Mojisola

Snooze wrote: »

The Will also states : "[me and her joint execs] if either or both of them shall die in my lifetime or be unable or unwilling to act as my executors I appoint [solicitor's name and location where Will was written] to fill any vacancy thereby arising."

Marktheshark wrote: »

The charities employ legal officers to administer wills, if they did not they would not be a charity for very long.
Contact the charities listed, as these people are usually direct employees they should be no costs to them.
See if she will agree to that.

As the will has that clause, I don't think anyone other the sister or the named solicitor can be executors.

nom_de_plume

Mojisola wrote: »

As the will has that clause, I don't think anyone other the sister or the named solicitor can be executors.

But perhaps one of the charities' legal people could write a letter or 2 to put some pressure on the uncooperative sister?