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Deed of variation

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Comments

  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    step.org (they have forums)
  • NeilCr
    NeilCr Posts: 4,430 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    To resurrect this thread

    We now have a case where the executors are in disagreement. One executor is even threatening litigation against the other. I guess there is little those of us who are beneficiaries can do - they need to sort it out between themselves - but does anyone have any experience of this?

    I have already said to the (possibly) litigating executor that this will take time and (a lot of) money and, really, it all needs sorting out sooner rather than later. It appears ((though only going on second hand information) this is holding up applying for probate

    Aargh!
  • Keep_pedalling
    Keep_pedalling Posts: 21,491 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    NeilCr wrote: »
    To resurrect this thread

    We now have a case where the executors are in disagreement. One executor is even threatening litigation against the other. I guess there is little those of us who are beneficiaries can do - they need to sort it out between themselves - but does anyone have any experience of this?

    I have already said to the (possibly) litigating executor that this will take time and (a lot of) money and, really, it all needs sorting out sooner rather than later. It appears ((though only going on second hand information) this is holding up applying for probate

    Aargh!

    Who is threatening legal action the solicitor or lay executor?

    Any losses caused by the actions of an e executor can be recovered from that executor.
  • NeilCr
    NeilCr Posts: 4,430 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Who is threatening legal action the solicitor or lay executor?

    Any losses caused by the actions of an e executor can be recovered from that executor.


    Lay executor
  • Keep_pedalling
    Keep_pedalling Posts: 21,491 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    NeilCr wrote: »
    Lay executor

    You really should make them aware that they will be responsible for all costs should lose the case.
  • NeilCr
    NeilCr Posts: 4,430 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You really should make them aware that they will be responsible for all costs should lose the case.

    I've tried to.

    It's difficult as he is someone who is very determined to "do the right thing". The solicitor has told him, apparently, that he is morally but not legally right.
  • Keep_pedalling
    Keep_pedalling Posts: 21,491 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    NeilCr wrote: »
    I've tried to.

    It's difficult as he is someone who is very determined to "do the right thing". The solicitor has told him, apparently, that he is morally but not legally right.

    Then he is an idiot, who could face financial ruin if he is determined to follow this through.
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