By-passing the Executor

Tigsteroonie

I would agree, I think the solicitor is going to be needed as an impartial voice.

Yorkshireman99

MrAnalogy wrote: »

Thank you all for your replies.

There are 3 executors named - the solicitor, the daughter and the step-daughter.

The solicitor holds the original of the will (as he drew it up) and only a copy has been seen. The coroner is sending the Death Certificate to the step-daughter.

I have spoken to the natural daughter (my step-daughter) and suggested that she spoke to the solicitor to make sure that he was aware.

Am I correct in believing that the solicitor has to formally withdraw from being as executor or can the other executors just ignore him (apart from obtaining the original of the Will)?

I appreciate that next-of-kin has no legal basis in this matter, but I assumed that as a co-executor she has the right to approve (or otherwise) actions by the other executor(s)?

Thank you all again for all your contributions - they do help clarify the situation in my (independent) mind.

For reference - yes, the ex-wife is interested in her daughter being treated fairly and being allowed to act as executor in any relevant decision making.

Not quite sure what happens if the 2 executors disagree though...?

Cheers

The three executors have to work together. The two cannot just arbitarily ignore the other. In any case the solictor who holds the will so the others cannot do anything without their agreement. Furthermore the executors have no discretion regarding the will They have to carry out their duties strictly as per the will and have no discretion.As KP says the bestsolution is to keep the paid executor who will se thgere is no funny business. The others can help keep the costs down by doing much of the donkey work. The solictor should be asked to charge on the basis of work done and NOT a percentage of the estate value.

SevenOfNine

They will come unstuck when completing the probate application form. Qustion 3.7 couldn't be more specific, "Name any executors who are NOT making this application with you, and explain why".

Followed by a pick list of 5 reasons, none of which include the words "we think it will be more cost effective to leave him/her out of the legal process"!

I wouldn't fancy their chances of probate being granted given that the original Will plus 3 copies must be sent as well. Someone is going to notice an executor is named in it who has been omitted from the form.

If he's included on the form somehow but not even advised of the death what will they do when the oath must be sworn, only 2 people when there should be 3 is impossible to conceal!

Of course, those are moot points as said solicitor has the original Will.

MrAnalogy

Once again, thank you all for your contributions - I feel I know have a fairly clear picture in my mind of the legal connotations of the situation.

I think that the suggestion to retain the solicitor is best (but on a work done basis rather than % fee), both to act as an arbiter in case of disagreement and also to adhere to the stated wishes of the decedent that he acts as executor.

I am presuming that to ask the solicitor not to act as executor officially would require the agreement of both of the co-executors?

Thanks again for all your help - as stated in the beginning I fear that this will still end up as a massive family rift, but at least there would be some comfort to be had from knowing that the process was executed legally and correctly.

Cheers all again.

TonyMMM

MrAnalogy wrote: »

I fear that this will still end up as a massive family rift.

In which case the best option would be for the solicitor to be the sole executor, and the other two step aside.

MrAnalogy

Just as an update/conclusion...

All three executors are staying active to the conclusion. The step-daughter asked the solicitor to step down - they refused - and also the natural daughter - who (after speaking to the solicitor) also declined to reserve her Executor role.

SevenOfNine

Hopefully they'll all try to work together. :beer:

Yorkshireman99

MrAnalogy wrote: »

Just as an update/conclusion...

All three executors are staying active to the conclusion. The step-daughter asked the solicitor to step down - they refused - and also the natural daughter - who (after speaking to the solicitor) also declined to reserve her Executor role.

In a way the best reult but but it will cost. Hopefully the beneficiaries will all get their money.