solicitor named as joint executor

mariese

Mum and dad both made their separate wills at the same firm of solicitors in 2007. Dad passed away 2 years ago and mum asked me to go to the solicitors with her to get a copy of dads will. We were given a copy of the will which named mum and one of the solicitors at the firm as joint executors. We were also told the named solicitor no longer worked there and they had no idea of her whereabouts.
Mum was also in poor health and did not execute dads will. Although I offered to help her, she did not accept the offer. Mum then passed away in January this year, my brother and I went to the solicitors for her will and were told the same solicitor was named as joint executor along with my brother.
My brother asked me to help him go through mum and dads papers to get the information necessary to apply for the grant of representation, which I have done and he is happy with. We have agreed to apply in joint names. Before we can do that how do we get the solicitor removed as joint executor and should the firm have done that when she left their company?

Keep_pedalling

Have a look at the following link.

http://www.ritasen.co.uk/missing-executor/

Did your father leave everything to your mother?

You apply for a grant of representation where there is no will. In this case there is, so you will be applying for probate.

mariese

Thanks, dad left everything to mum, mum then left everything to my brother and I. The solicitors firm who drafted the wills and have the originals, gave us copies and advised we deal with both wills as one, Probate Registry said no, we must submit Probate forms for each. That's ongoing and we should be in a position to submit within a couple of weeks.
The problem is the solicitor named as co executor is no longer employed there. My brother and I do not want her as a co executor and want her to renounce. I have found her through a law society search, working at a financial services company almost 50 miles away. I've phoned and left messages asking for to contact me regarding the wills but as yet no response.

Flugelhorn

you probably don't have to get probate at all for the first death if all the property / money was left to spouse.

My parents died 19 years apart and father's will never went to probate, however I had to do this when mother died.

I am sure there are ways of getting the will proven when you can't get hold of the executor (as per the link above).

SeniorSam

Check that the Will refers only to the 'solicitor' as an executor and not the solicitor or the actual firm, which is more usual. I am surprised that the 'firm' have not mentioned this as it is the 'Frir' that are usually appointed and if a solicitor leaves the 'firm' the executorship is left with them .

Also check that the 'solicitor' IS still a qualified solicitor and not now working in another capacity. You should try and get her removed as I feel sure that your parents would have expected the 'firm' to be acting.

Sam

TBagpuss

Senior Sam is correct that it is, these days, much more common to appoint 'a partner or partner of Bloggs & Son', rather than a specific indivdual, to avoid this kind of problem.

I would suggest that you write to the solicitor asking them to confirm that they will renounce - keep a copy of your letter and and get proof of posting.

In the letter, explicitly set a deadline for them to respond and state that you will be seking to obtain porbate without further delay if they do not respond.

I *think* you can then apply for probate and mark that they have 'power reserved' but you may have to get a formal citation to exclude them. It may be worth you paying for a short appointment with a probate solicitor to clarify exactly what steps you need to take,. Alternatively phone your local probate office and ask

mariese

Named solicitor has responded and said she's happy to renounce and will sign the form I send her. Phew and thanks for replies.