Changing Executor/ trustee solicitor for a will

balooney2000

I have a relative who a few years ago changed her will to make me the executor and trustee. However, the solicitor used insisted that his firm of partners was also included as executors and trustees.

As I live a long distance from the solicitors - is it possible to use another solicitors to perform this function who are close to me? I no longer have a reason to visit the area of the original solicitor.

Do I have to inform the named solicitor or can I deal with the estate myself?

Tom99

[FONT=Verdana, sans-serif]Has your relative now died? If not maybe the simplest solution is for another Will to be prepared naming just you as executor.

[/FONT] [FONT=Verdana, sans-serif]If your relative has died, you can apply for probate just for yourself, but you would need the other executors confirmation that they were happy to stand aside and would need to give the reason for them standing aside in your probate application.[/FONT]

balooney2000

The relative hasn't died but has severe dementia and is not in a position to change the will.

The solicitor put himself on the will when it was changed a few years ago, and they were in the early stages of dementia but still able to cope with their affairs. We felt he included his firm for the purposes of making money (in the future) not to protect her. Their affairs are quite straight forward.

Keep_pedalling

No solicitor can insist on being an executor, but whatever happened cannot be changed now. When the time comes you can ask the solicitor to stand down and any decent firm will do this. If the estate is reasonably straight forward, you should be able to wind the estate up without the need to engage any other solicitors,

Yorkshireman99

balooney2000 wrote: »

The relative hasn't died but has severe dementia and is not in a position to change the will.

The solicitor put himself on the will when it was changed a few years ago, and they were in the early stages of dementia but still able to cope with their affairs. We felt he included his firm for the purposes of making money (in the future) not to protect her. Their affairs are quite straight forward.

The solicitor has to follow a set of rules. These say that they should stand aside in the situation you describe.

Lorian

Are you sure the solicitor is a joint executor, not there in case your appointment fails?

balooney2000

Yes, myself and the firm of solicitors are named as executors.

But my question is does it have to be this particular solicitor who is hundreds of miles away or can I use a firm more local to me?

Crabapple

If that firm is named you can't just use another firm, no.

The first step would be to ask if they will renounce their appointment, but they won't consider that before the person has died.

Linton

balooney2000 wrote: »

Yes, myself and the firm of solicitors are named as executors.

But my question is does it have to be this particular solicitor who is hundreds of miles away or can I use a firm more local to me?

Given the relative has lost mental capacity then the will cannot practically be changed. When the relative dies the solicitor named in the will becomes the executor alongside yourself. When/if you have persuaded them to step down you are then free to choose any solicitors you want to help you settle the estate, or you may choose to do the whole job yourself if the estate is simple and you felt you had the necessary knowledge. Any solicitors you engage would not be executors but would simply carry out whatever tasks were agreed between you.

You could engage a solicitor before the executor solicitors step down but it seems a pity to be pay for two of them at the same time.