Asking Solicitor to Assist Part Way Through Probate

Margot123

I am a co-executor and finding the process very stressful. I also have no trust whatsoever in the other executor due to their bad financial track record.
I have researched removal of executors but this would be an impossibility in my case.
Does anyone have experience of calling in a solicitor to help part way through the administration, rather than from the outset? I am particularly concerned that money would vanish and I be personally held accountable by the other benficiaries.

Keep_pedalling

From what you have said on your other threads you do need legal advice. The costs for administering the estate would normally come from your share, but the costs of fighting your idiotic brother is more likely to come from him, who should really be removed as an executor. Why do you think that is not possible?

Make an appointment with a solicitor, then decide how to proceed after the initial consultation.

Margot123

Keep_pedalling wrote: »

From what you have said on your other threads you do need legal advice. The costs for administering the estate would normally come from your share, but the costs of fighting your idiotic brother is more likely to come from him, who should really be removed as an executor. Why do you think that is not possible?

Make an appointment with a solicitor, then decide how to proceed after the initial consultation.

I have spoken with 3 different solicitors now who all say the same thing. Courts will only consider removing an executor if they are currently serving 6 months or more in prison or are no longer of sound mind.

Keep_pedalling

Margot123 wrote: »

I have spoken with 3 different solicitors now who all say the same thing. Courts will only consider removing an executor if they are currently serving 6 months or more in prison or are no longer of sound mind.

That is not true, they can also be removed for incompetence or misconduct in administering the estate. Your brother would appear to fit the second of those two reasons.

https://www.wrighthassall.co.uk/knowledge/legal-articles/2013/04/04/removing-and-substituting-executors/

Yorkshireman99

How would the money vanish? Has he already got access to it?

Yorkshireman99

Margot123 wrote: »

I have spoken with 3 different solicitors now who all say the same thing. Courts will only consider removing an executor if they are currently serving 6 months or more in prison or are no longer of sound mind.

If three solicitors have given you the same answer then perhaps they are correct. However you need to remember that removing an executor is difficult and potentially very expensive. Have you got sufficient evidence that will stand up to scrutiny in court?

Keep_pedalling

Yorkshireman99 wrote: »

If three solicitors have given you the same answer then perhaps they are correct. However you need to remember that removing an executor is difficult and potentially very expensive. Have you got sufficient evidence that will stand up to scrutiny in court?

Or possibly the wrong question is being asked.