One Executor Won't Release the Will

Margot123

What happens if there are two executors of a will and one wants to act and the other has said they will renounce but won't officially renounce? The one who wants to act is the major beneficiary.

SevenOfNine

A very quick search has thrown up this site which outlines what can be done instead of renouncing.

http://www.death-duties.co.uk/content/executors-and-administrators

Yorkshireman99

Margot123 wrote: »

What happens if there are two executors of a will and one wants to act and the other has said they will renounce but won't officially renounce? The one who wants to act is the major beneficiary.

It might concentrate their minds that if they don't act sensibly it might end up in court with them paying the costs.

Margot123

A lot of the online advice is very general, about removing an executor rather than compelling them to act/reserve or renounce. How would you go about making them actually do something?

Savvy_Sue

Margot123 wrote: »

A lot of the online advice is very general, about removing an executor rather than compelling them to act/reserve or renounce. How would you go about making them actually do something?

One person can start the work, and if the other has not renounced (or stepped down with power reserved) by the time the will is ready to go to probate, ask what they intend to do. They can jointly submit the will to probate even if one has not done any of the work.

Me, I'd send a copy of a letter for them to sign and return to me if they are just not getting round to it themselves.

Keep_pedalling

Sound like the second executor is in two minds, so the most sensible thing to do is for them to reserve their powers rather than renounce them.

Margot123

However, if they are simply totally ignoring the request due to not being a major beneficiary, what happens then?

Yorkshireman99

Margot123 wrote: »

However, if they are simply totally ignoring the request due to not being a major beneficiary, what happens then?

Apply for probate and enclose a covering letter expalining the situation.

SevenOfNine

Margot123 wrote: »

However, if they are simply totally ignoring the request due to not being a major beneficiary, what happens then?

This...............

Yorkshireman99 wrote: »

It might concentrate their minds that if they don't act sensibly it might end up in court with them paying the costs.

Possibly lengthy, expensive, inconvenient (to say the least). More general info here regarding refusal to apply (not recommending anyone, just quick google searches). https://www.wrighthassall.co.uk/knowledge/legal-articles/2013/04/04/removing-and-substituting-executors/

If they won't renounce which is an easy proforma, or reserve powers which is an even easier letter, then the major beneficiary executor should see a solicitor. A letter from one might help the other executor focus. Otherwise it will have to be as YM99 has said.

Edit: My mum was executor for my aunt's estate - only she did absolutely NONE of the work. I completed everything & just said 'sign here' wherever necessary (she had to swear the oath though). If this executor is refusing even to check & sign paperwork then you've got little choice left but a legal route.

Keep_pedalling

You don't actually need anything in writing from them to reserve powers, simply fill in the probate forms and in section 3.7 put the reason they are not applying as C.

Margot123

Thank you all for your input.
An additional problem is, what if they won't even sign a release form, let alone anything else? The solicitor won't do anything without the other executor's authorisation even thought hey have told them they wish to renounce.