How can I find out if an executor renounced their role?

Newly_retired

An executor has died. There were two executors appointed by the will, but the grant of Probate, some ten years ago, names one only. No " powers reserved".
There are still outstanding matters to be dealt with and we need to know who has the authority to do so.
It is possible that the other executor was at the time too unwell mentally to be competent even to have renounced. How can I find out if they renounced, or if they lacked competence?  We need to know if this person has powers to proceed or not.
If not, then the executors of the executor who has died will have to act, as I understand it.

elsien

Do you not have contact details for them or their family to ask the question?

Savvy_Sue

Surely if probate was granted, it's whoever was named when it was granted, so in this case their executor(s)? Is that something they could deal with?

But I am no expert, and it's possible you'd benefit from.some proper legal advice on this one question 

maman

I'm assuming the Executor mentioned has since died. 

When my mother died my brother and I were executors. Although it says that in the will, in practice, I dealt with all the paperwork for probate and my brother dealt with more hands on issues like house clearance as he lived nearer. It's likely then that only my name appears on the probate documents. I certainly didn't need my brother's signature. 

So, I don't think the second Executor would have needed to formally renounce for probate to go ahead. 

Newly_retired

Thanks for your replies. We are no further forward. Nobody seems to have any answers, so we are assuming, having taken legal advice, that the executors of the recently deceasd executor have power to deal with whatever is still needed to be done on a 10 year old estate ( house unsold ) 

Grumpy_chap

When someone takes over the administration of this estate, please urge them to process everything to conclusion as swiftly as possible.  Having an estate that is not finalised for 10 years is excessive and it will be an absolute muddle for whoever has to now take all this over.

Newly_retired

The problem is the property which remains unsold.  Not wanting to go into details but it cannot yet be sold as still occupied by a vulnerable family member. Complicated situation.

Keep_pedalling

Newly_retired said:

The problem is the property which remains unsold.  Not wanting to go into details but it cannot yet be sold as still occupied by a vulnerable family member. Complicated situation.

Did the will give this family member a life interest in the property?  

silvercar

Newly_retired said:

The problem is the property which remains unsold.  Not wanting to go into details but it cannot yet be sold as still occupied by a vulnerable family member. Complicated situation.

It seems that whoever inherited the house under the original will has the option of turfing out the vulnerable family member or allowing them to remain. If they wish to allow them to remain, they could charge rent, even if the rent owed isn't actually paid but left as a debt to be paid out of their eventual estate.

Newly_retired

Nobody has a life interest in this property.
Let’s call the original owner A. It was fully intended that the property be sold, but the occupant B, who was A’s carer, could not find anywhere suitable to go.
The executor of A who we will call C, was the major beneficiary, (together with the current occupier B and two others D and E in minor shares, ) and allowed precisely this arrangement, with B renting in part.  

The occupant B is the other original executor, but whose name does not appear on Probate, almost certainly for the reasons stated earlier. 

Now, the executors of C, the executor who died, have to pick up the problem. We are D, F ( me) and G. Nobody is minded to evict a vulnerable family member. But I for one will be happy when the issue is resolved. Even if I were to relinquish the tiny fraction of A’s estate which now falls to me by inheriting from C, I now have the responsibility as C’s main executor to finalise A’s estate as well as Cs.  

E needs to be paid. There is no money in A’s estate, just the property. It is far too late to make a Deed of Variation on A’s estate, and my solicitor says we cannot do a DoV on C’s will as this inheritance is not actually part of his will.  

E and F are only related to C by marriage, G is unrelated and not a beneficiary of either A or C, so only B and D have any real personal interest. B is unable to act. D is burying their head in the sand. I cannot see any way forward, but my original question has, I think been answered, and means that B cannot be expected to act in any legal capacity. 

Keep_pedalling

Frankly that is such a mess, professional help is going to be required.