Executor is on Extended Leave

Dating_Diva

In a nutshell I am the sole beneficiary of a will. A large Solicitor Practice is named in the Will with a particular partner to be Executor if he was still there when the Probate needed to be applied for.

Some months ago he told me that provided no claims were made 10 months after Probate then he would be able to finalise matters and provide me with my inheritance. I was therefore expecting to hear at the beginning of December.

I enquired at the beginning of December to be told that the Executor was on extended leave and they didn't know when he would be back but nothing could be done until he returned to the office.

I asked why nobody else could deal but was firmly told no - I had to wait until the Executor returned to work.

Is this right? Feels to me that surely another partner could step in in these circumstances?

Any advice anybody??

Cheers and Happy New Year

DigForVictory

Ask to see the Will. If the named person is the sole Named Executor, then it is all more ticklish.
Still possible since you can ask for a Deed of Variation.

Could work out expensive but I agree, poor form not to let you know what approximately going on.

Keep_pedalling

DigForVictory wrote: »

Ask to see the Will. If the named person is the sole Named Executor, then it is all more ticklish.
Still possible since you can ask for a Deed of Variation.

Could work out expensive but I agree, poor form not to let you know what approximately going on.

Deed of variation is not much use here.

If the solicitor has not actually started the process, then there should be no problem in getting him to renounce his powers. If he has already intermeddled then it is a bit more tricky, and it might take a court to remove him / her.

First step would be to make an official complaint, it is totally unreasonable for this to be indefinitely delayed.

xylophone

I enquired at the beginning of December to be told that the Executor was on extended leave and they didn't know when he would be back

This is totally unprofessional - complain! See https://www.lawsociety.org.uk/for-the-public/using-a-solicitor/complain-about-a-solicitor/

Dox

When someone is on extended leave with no known return date, it's never good news, particularly when it's a partner.

OP - has probate actually been granted? Not clear from your post. Whether or not it has been, I'm in complete agreement with other posters: complain using the firm's complaints procedure, which should be on their website.

AnotherJoe

And a lesson for anyone else writing a will.

What on earth were they doing thinking this was a good idea?

Malthusian

AnotherJoe wrote: »

What on earth were they doing thinking this was a good idea?

Probably "the guy I am paying lots of money to know more than me knows more than me, so if he says I should let him stitch me up like a kipper, I guess it's OK".

To be fair, sometimes there are reasons for someone to go on indefinite leave with no idea when they'll be back, often involving secure facilities and dressing up as Napoleon. However, it is absolutely unprofessional to not have anyone who can step in. If the partner is legally the only one can sign for the estate and they have no idea when he'll be able to sign, the firm needs to set wheels in motion to replace him as executor, at the firm's expense.

The OP should also complain that their testator *edit - thanks xylophone* was badly advised to name the specific partner as executor instead of the law firm, creating this situation. The firm should cover any loss that arises as a result of any delay in distributing the estate due to the need to either wait for the partner to return or replace him as executor. All of it would have been avoided if the deceased had named the law firm instead of the partner, and they drew up his will so it's on them.

xylophone

The OP should also complain that their heir was badly advised

Typo?:)

that the testator was badly advised....?

TBagpuss

The executor should be able to instruct his own firm to deal with the outstanding work. If there are documents which need to be signed then they can send these to him just as they would lay executor. Or if he is unable to deal with such matters (if he is ill or dealing with someone who is) then it might be possible for him to execute a power of attorney to allow another partner to deal with matters on his behalf.

If his extended leave is due to sickness such that he is not able to either sign any documents, or sign a PoA then it may be that an application would have to be made to court to have him removed on the basis of incapacity, but this is likely to be complex.

I thinm in your case, it is reasonable to raise a formal compalint and ask the solicitors to explicitly clarify hpw long the delay is likely to be and what steps they are taking to reduce it, such as having another person deal with the day-to-day work , sending paperwork to the absent executor as necessary, asking him to provide PoA to allow them to administer the estate or applying for his removal if he is unable to carry out his duties and unable or unwilling to authorise them to do so.

Sea_Shell

I guess this same problem could occur if you appoint a sole lay executor.

They apply for probate but are then unable to continue, for whatever reason.

Malthusian

Sea_Shell wrote: »

I guess this same problem could occur if you appoint a sole lay executor.

They apply for probate but are then unable to continue, for whatever reason.

It could indeed. Although it is especially absurd in this case. If a single lay executor becomes unable to act then the beneficiaries could normally shrug their shoulders and say tough luck, these things happen. The obvious reason to appoint only one lay executor is that there's only one beneficiary. If there are multiple beneficiaries but only one executor, the testator might have had good reasons.

It wasn't tough luck in this case, it was incompetence by self-serving solicitors. All they had to do was name the firm instead of the individual and they'd still have got their fees (if the beneficiaries didn't press them to renounce).