Co-executor refusing to renounce role

Snooze

I have received a reply from the local probate office today confirming that the solicitor is correct and the case is now being referred to the chief registar for guidance.

littlehobbit

wwl wrote: »

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.

I have a similar situation and called the probate office last week.This is the advice they gave..

To renounce powers, the applying executor chooses option D on the form for the other executor, who then has to write a letter confirming their intention to renounce their role, which is enclosed with the probate application. Once that is received, they then get an official form, to the same effect, but it has to be witnessed, and sent back to the probate office to allow the probate application to proceed.

To reserve powers, the applying executor chooses option C for other executor on the form, who then gets a similar form once the application is made, (the only difference being they dont have to do the initial letter of intention).

Unless the guidance notes have recently changed, which I hope it has tbh! (that would be a good thing, as there is some reluctance/obstruction about signing any forms by my co-exec)

rpc

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.

While the will appoints him, he could renounce too (if he had any morals and you were prepared to do the work). But this clause will have been inserted because of the quite sizeable fees and he quite possibly won't renounce because of the quite sizeable fees.

Tuesday_Tenor wrote: »

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?

An executor with power reserved is still an executor and they could jump in at any time. There would be no vacancy because both named people would still be executors.

marcelli

I am very sorry for your situation, facing similar myself! However, if you can, quite dispassionately, provide your sister with a list of any debts in the estate, and relevant income/investment particulars, showing her that it is all above board, that might be a start, adding that you will provide receipts and/or bills when received, then she could not reasonably object (I say "reasonably" but are we talking reason here?!). When solicitors do Probate for estate, they have to provide an Estate Account at the end of procedure, which is signed by executors and beneficiaries signifying that they will not contest anything after this is done and the estate distributed according to its terms.
I would not think that there is anything involved in the procedure of administering the estate which you cannot do yourself, referring matters to your sister as you go along if she would like that. Everyone i dealt with was extremely helpful, particularly the Tax Office; investment companies provide what you need, and again, are helpful in the extreme. Employing a solicitor does save you a lot of time, but they are expensive. Could the nominated solicitor write to your sister explaining that the procedure is one you can do, and that the Grant of Probate itself is a legal document which enables legitimacy in the administrating of the assets/liabilities? I'm not quite sure how else to assure her that you would not be holding back assets yourself, but that would come later anyway, so if you can manage to get her approval to get the Grant, then one step at a time I suppose. She would at least be agreeing to what she can see (you having provided the list, and promised receipts/bills).

Once you have the GoP then no doubt you will have to open an Executors Account, to which she will be a signatory, and she could still hold matters up at that stage, but let's hope for the best. I certainly wish you well.

Snooze

Thanks for all your comments.

I've had a reply today from the Registrar stating they have reviewed the case and are proceeding with the application for the grant without her input but will assign power reserved status to her on file. Seems a sensible thing to do in the circumstances and I should now be able to get it all wrapped up without any interference.

:j

Yorkshireman99

Snooze wrote: »

Thanks for all your comments.

I've had a reply today from the Registrar stating they have reviewed the case and are proceeding with the application for the grant without her input but will assign power reserved status to her on file. Seems a sensible thing to do in the circumstances and I should now be able to get it all wrapped up without any interference.

:j

I don't want to pour water on you bonfire but if she continues to be difficult, as she may well do, and queries everything just give her a holding reply like the civil service do i.e. "Thank you for your email. Your comments have been noted." Just do not allow her to bully you.

SevenOfNine

Yorkshireman99 wrote: »

Just do not allow her to bully you.

Similarly, don't deliver any more "home truths". It appears she had a guilty conscience & you 'poked the bear', best just say no more than you have to now, she doesn't sound remotely bothered about 'wasting' as much of the inheritance as she can.