I want to remove my name from a probate

Keep_pedalling

delicious11 wrote: »

I have just called the Probate helpline and they have said that it is possible to get power reserved added to the original probate under my name even though it has been granted. Just waiting for them to give me call.

That is interesting, did not think you could do that. Keep us updated.

nom_de_plume

delicious11 wrote: »

At this point I am prepared to walk away from my inheritance

With this statement in mind, why not appoint a solicitor to act on your behalf? It may well eat into your share of the estate but may similarly galvanize the others into some form of positive action.

delicious11

Keep_pedalling wrote: »

That is interesting, did not think you could do that. Keep us updated.

You were right. Apparently the man on the Probateline now was wrong and I cannot go down the 'reserve power' route which is a shame. My only option now is to remove my name completely as advised by the man from the Probate Registry office.

I am to write a letter stating my intention and also get the others write one as well stating that they agree with it. This is going to be feat given the current state of affairs. The Main Administrator is to sent the original probate certificate together with the copies as well.

Once this is done, it will be submitted to the judge who will decide if my name can be removed.

CIS

Question: Will the Power reserve stop the council hounding me for payment of council tax even though my powers are reserved? I have suggested renting out the property which would take care of the council tax but that is just another one of my suggestions which have been ignored.

Whilst your an executor then you are still liable for ensuring the council tax is sorted on behalf of the estate (regulation 58 of the council tax (administration & enforcement) regs 1992) unless the rules of administration say otherwise. Regulation 58 effectively defers to the standard rules of an estate being liable for debt.

Mojisola

delicious11 wrote: »

It has now gotten to the point where the main asset, the house is falling into a state of disrepair and is currently uninsured.

There is also the issue of unpaid council tax bills on the property.

the stress of getting it sorted with others at loggerheads and playing hardball with each other is driving me insane.

delicious11 wrote: »

You were right. Apparently the man on the Probateline now was wrong and I cannot go down the 'reserve power' route which is a shame. My only option now is to remove my name completely as advised by the man from the Probate Registry office.

I am to write a letter stating my intention and also get the others write one as well stating that they agree with it. This is going to be feat given the current state of affairs. The Main Administrator is to sent the original probate certificate together with the copies as well.

Once this is done, it will be submitted to the judge who will decide if my name can be removed.

You may be better off getting the other two removed as executors because they aren't going to work together any better with you out of the way, employing a solicitor to do the work and getting a speedy conclusion to the job.

EasySolution

NCPR rule 37 allows you to renounce Probate after the Grant has been Issued. However there is "for an exceptional reason" phrase in the requirements for Rule 37. Since your essential complaint is lack of action by the other Executors you are unlikely to achieve what you want by this route.

I would suggest that you bite the bullet and appoint a Solicitor who can pursue a procedure to remove your two siblings, properly administer the estate and provide some closure. The only downside being that the estate will have to bear the costs of the legal fees.