Executor not wishing to act

andi2

I know there's a form to fill in and we have that.
However the solicitors need both executors to collect the will. I am assuming that it isn't as simple as one executor turning up to collect the will with the form already filled in?

What is the process? Will the executor who doesn't want to act need to supply ID to anyone? If so, who?

There will be no solicitors involved (apart from collecting the will from where it is stored & swearing the oath).

If it makes any difference it is my Gran's will. Mum (only child) is acting, her uncle doesn't want to/isn't needed (and is in his 80s and in poor health himself).

Many thanks.

Tuesday_Tenor

andi2 wrote: »

However the solicitors need both executors to collect the will. I am assuming that it isn't as simple as one executor turning up to collect the will with the form already filled in?

I find it hard to believe that all named executors would all have to turn up to collect the will in all circumstances. What if one executor's reason for not wanting to act was that he/she now lives in Australia?

Have you actually told the solicitor that uncle does not want to act?

Yorkshireman99

Tuesday_Tenor wrote: »

I find it hard to believe that all named executors would all have to turn up to collect the will in all circumstances. What if one executor's reason for not wanting to act was that he/she now lives in Australia?

Have you actually told the solicitor that uncle does not want to act?

Quite!The executor can write a letter to the bank sating that they resdign and asking the solicitor to give the will to the other one. That should be an end to it.

FreeBear

andi2 wrote: »

However the solicitors need both executors to collect the will.

I just went to the solicitor with the death cert & ID in hand, and had the will handed over. They didn't require the presence or authority from my co-executor.

That said, I suppose other solicitors will have their own rules & processes in place. They may well accept a letter of authority in the case of an absent/unwilling co-exec.

andi2

Lovely, thanks.

Not sure what Mum has said to them, but can let her know that it certainly isn't as simple as they both need to go.

marybrown

what form do we need to fill in and take to the solicitor with us, if we cannot get the other executor to respond to our calls to collect the will
My father in law died, leaving my mother in law alive, and as she is the only one that inherits from the estate.
there is 2 executors, my husband and his brother. the brother has had nothing to do with the family for a number of years. my mother in law, does not want to speak to the son. not sure where that stands in getting the estate sorted for her. can anyone help

Savvy_Sue

If the will is stored at a solicitor's office, I'd suggest that our husband should phone and ask for advice on how to proceed. If they're no help, call the probate office as they are usually very helpful.

BTW, although I and a sibling were co-executors on both Dad's and Mum's will, only one of us ever went to collect it from the solicitors who'd written and stored it.

getmore4less

marybrown wrote: »

what form do we need to fill in and take to the solicitor with us, if we cannot get the other executor to respond to our calls to collect the will
My father in law died, leaving my mother in law alive, and as she is the only one that inherits from the estate.
there is 2 executors, my husband and his brother. the brother has had nothing to do with the family for a number of years. my mother in law, does not want to speak to the son. not sure where that stands in getting the estate sorted for her. can anyone help

Might be a good idea for her to review her will.

andi2

Came back to update - the solicitors absolutely insisted that both executors were present before they would release the will.

Savvy_Sue

andi2 wrote: »

Came back to update - the solicitors absolutely insisted that both executors were present before they would release the will.

What??? Unless for some reason that's a clause written into the will, maybe somebody didn't trust one of the parties but thought they ought to appoint them as executors.

So, what to do.

Does Uncle intend to formally renounce executorship? If he does, this looks like a reliable source of information on how to do it. There are other links for wording if you google it. You need to get a letter written, line up a disinterested witness to witness uncle signing it, and take THAT to the solicitors ...

Mind you, it says you lodge it with the probate application - ask the solicitors how you get round that one, since you can't get probate before you've picked up the will ...

securityguy

andi2 wrote: »

Came back to update - the solicitors absolutely insisted that both executors were present before they would release the will.

Make a formal complaint. Unless that is written into the will (which would be amazing) they have no basis to say that.

And if it is written into the will, then the testator was being both stupid and spiteful. Either you trust your executors or you don't, and if you don't, you shouldn't appoint them.