Advice appreciated - solicitor named as joint executor won't allow me to do probate

EMCJ_2

I am just wondering if there is anything I can say to our solicitor to make him realise the upset he is causing.
My grandmother passed away in April. Myself and a solicitor are named executors. The will is very simple (small family) so just split of money (very little) then house split between 3.
When my grandfather died, the same solicitor allowed us to do probate ourselves, we just paid him to write a letter. So when my Nanna changed her will she/we decided this was a good option. I would do it, but solicitor named in case I was unable to do it.
Anyway, now he says the only options are he does it alone or it's a joint application. Despite his precident of allowing it before, which obviously influenced our decision to use him again. And we mentioned this when making nannas will as a reason for putting him on.
He keeps asking for the assets list, as he said if it's not much then he won't be involved. But the house is worth around 300k so now he is saying he won't back down. He is now saying it was my grandmothers wishes for him to do it. This is so upsetting that he is presuming to know her. I was her power of attorney also and we were very close. I am doing everything to the letter that she wanted so he is causing me great distress.
I wrote to him again explaining all this and he just replied saying he didn't agree. Not answering any of my points.
I now don't even want to see him, it's a complete relationship breakdown. So how do we proceed? Can I do the process then have him charge us something for anything he does? Or can he legally do nothing then take a % of the estate?
I just want to close this process so we can grieve properly and sort the house etc. If I'd done it alone it would be finished. But this is so horrid and stressful. Can anyone advise??
Thanks.

TonyMMM

He is within his rights to act as executor - your grandmother named him which meant this was always a possible scenario.

Unless you can find grounds to have him removed as executor, which would mean showing that he is in some way failing in his role, then either you work together (which sounds unlikely) or you let him get on with it and pay the necessary fees.

You can't apply for probate on your own without him agreeing to step back.

Emsierose

You do have the option of proceeding and applying by yourself if he is not named as the sole executor and you are both named. You just have to inform the other executor on application. See below.

"...one or more of the executors may apply by themselves subject to giving notice of the application to the other co-executors. The non-applying co-executor may then object to the application, or ask to be a joint applicant. If there is a dispute about who should apply, the matter may be determined by the probate court."

I wouldn't imagine it would be in his interest to dispute it.

EasySolution

Actually there is a SRA guidance note to this. If you can find the Note which will take a bit of research then apply to the solicitor again using all the reasons that are contained in this GuidanceNote as why you want him to stand down and then draw attention to the guidance of his professional body.

Providing the estate fits the criterea you should succeed with this tactic.

Good luck

Yorkshireman99

EasySolution wrote: »

Actually there is a SRA guidance note to this. If you can find the Note which will take a bit of research then apply to the solicitor again using all the reasons that are contained in this GuidanceNote as why you want him to stand down and then draw attention to the guidance of his professional body.

Providing the estate fits the criterea you should succeed with this tactic.

Good luck

I can't find the reference but somebody will be along shortly that can. The rule is that the solicitor should stand down unless he has specific reasons not to do so. Loss of fees is not one of them!

pphillips

This isn't about your grandmother's wishes - it's about the solicitor wanting their slice of the estate!

All solicitors have a free complaints process, don't be afraid use it.

Make a complaint against the solicitor that they are being unreasonable in refusing to step down and this is causing you unnecessary distress at an already difficult time.

Rodders53

Yorkshireman99 wrote: »

I can't find the reference but somebody will be along shortly that can.

https://www.sra.org.uk/solicitors/code-of-conduct/guidance/guidance/Guidance-on-the-drafting-and-preparation-of-wills.page perhaps?

Yorkshireman99

Thanks. The OP should show the solicitor this.