Asking solicitor to stand down as executor

Yorkshireman99

Anthear wrote: »

I asked the firm who were appointed as Executors of my mother's Will to stand down - they refused, saying they had a 'duty' to act... :-(

The solicitors own regulator's rules say they must if asked.

Anthear

Yorkshireman99 wrote: »

Your late mother should have been given the chance to choose but all you can do now is ask the solicitor to stand down.

I did ask them and they wouldn't.

getmore4less

Yorkshireman99 wrote: »

The solicitors own regulator's rules say they must if asked.

you will need to point at those rules.

law society practice notes say different.
http://www.lawsociety.org.uk/support-services/advice/practice-notes/appointment-of-a-professional-executor/

Anthear

But what about this: 4 Renouncing probate
In some cases where you have been appointed as an executor(s) you may be asked by the beneficiaries to renounce probate on the death of your client. You are not required to do so.

securityguy

getmore4less wrote: »

you will need to point at those rules.

law society practice notes say different.
http://www.lawsociety.org.uk/support-services/advice/practice-notes/appointment-of-a-professional-executor/

Do they? From the link you posted (my emphasis):

"In some cases where you have been appointed as an executor(s) you may be asked by the beneficiaries to renounce probate on the death of your client. You are not required to do so.

If you choose to consider such a request..."

So with that wording, they aren't even obliged to consider the request, never mind actually do it.

getmore4less

I have edited my post to make it clear as another post(13) slipped in while I was typing.

Yorkshireman99

But para 4 Also says if the estate could easily be dealt with by lay executors they should renounce. That seems to be the case with the OP. The OP should draw their attention to the clause.

securityguy

"But para 4 Also says if the estate could easily be dealt with by lay executors they should renounce"

Yes, but that's downstream of "If you choose to consider such a request", in a sentence which starts "You should also consider whether..." (ie, if it wasn't obvious that the paragraph was contingent on "if you choose to consider", the "also" makes it absolutely clear.

What the construction is saying is that if a solicitor chooses to consider renouncing, these are the circumstances under which they can do so and not get clobbered for allowing any subsequent problem. The obvious scenario is that testator appoints solicitors because they don't think bullying child X will distribute the money properly to nice sons Y and Z, bullying child X convinces the solicitor to renounce in favour of X, Y and Z (but really X, who is a bully), it all goes horribly wrong and Y and Z finally scrape up the courage to complain. "In the best interests of the estate" leaves the ball almost entirely in the solicitors' court.

Even if you don't agree with my interpretation, you would have a hell of a job convincing a solicitor that it means more than it says on its face. "Should consider" is a hell of a lot weaker than "should",

solentsusie

Definitely everything in my mother's case is very straightforward, and I myself cannot see a valid reason for not renouncing, there are no complications in the will as it is very clear. Mum even named each of her pets and that they should be cared for by me.

When I go to the solicitor most of the work will be done, it is only the house to assign over into my name. As I said, her affairs were very straightforward and clear cut. Not loads of cash/accounts to sort out, her main asset was her house. All her bills are now paid, household accounts closed and anything relevant transferred to my name, and the funeral will be paid.

I shall probably even have all of the forms for probate completed and in my handbag when I go to see them.

Unfortunately I am now at the point where I am 'stuck' as I still have to get the death certificate. The earliest appointment I could get with our registrar's office is Tuesday.

I do need to get a new will sorted and I will certainly make sure that I name my executors.

securityguy

"there are no complications in the will as it is very clear. Mum even named each of her pets and that they should be cared for by me."

And she named the executors. The solicitors. Had she not wanted to, she wouldn't have.