If Executors are unwilling to act

sparklybear

I know from past experience of acting as an Executor for a Will that an Executor can opt out and elect to allow another named Executor to deal with the administration of an estate.

My question is this: if there are two Executors named in a Will and neither of them want to do it, can they put everything in the hands of a solicitor?

Thank you in anticipation of replies.

APOLOGIES FOR POSTING ON THE WRONG BOARD. 

Keep_pedalling

If the renounce their powers they no longer have anything to do with it, it will be down to the major beneficiaries either to take it on or appoint a professional to do it.

This thread is in the wrong forum, it should be in deaths, funerals and probate. I have reported so hopefully it will be moved.

Marcon

sparklybear said:

I know from past experience of acting as an Executor for a Will that an Executor can opt out and elect to allow another named Executor to deal with the administration of an estate.

My question is this: if there are two Executors named in a Will and neither of them want to do it, can they put everything in the hands of a solicitor?

Thank you in anticipation of replies.

Possibly. If they renounce, then no; but if they decide they don't want to do the job, they can certainly put 'everything in the hands of a solicitor' without actually stepping aside as executors.

Keep_pedalling

Marcon said:

sparklybear said:

I know from past experience of acting as an Executor for a Will that an Executor can opt out and elect to allow another named Executor to deal with the administration of an estate.

My question is this: if there are two Executors named in a Will and neither of them want to do it, can they put everything in the hands of a solicitor?

Thank you in anticipation of replies.

Possibly. If they renounce, then no; but if they decide they don't want to do the job, they can certainly put 'everything in the hands of a solicitor' without actually stepping aside as executors.

True, but unless they are also the residual beneficiaries they really should consult with those beneficiaries before costing them a a chunk of their inheritance in legal fees.

eastcorkram

Probably needs moving to the right part of the forum .

Marcon

Keep_pedalling said:

Marcon said:

sparklybear said:

I know from past experience of acting as an Executor for a Will that an Executor can opt out and elect to allow another named Executor to deal with the administration of an estate.

My question is this: if there are two Executors named in a Will and neither of them want to do it, can they put everything in the hands of a solicitor?

Thank you in anticipation of replies.

Possibly. If they renounce, then no; but if they decide they don't want to do the job, they can certainly put 'everything in the hands of a solicitor' without actually stepping aside as executors.

True, but unless they are also the residual beneficiaries they really should consult with those beneficiaries before costing them a a chunk of their inheritance in legal fees.

No requirement to do so; it's up to the executors to decide how best to proceed, especially if they genuinely think this is the best way forward (and a feuding family is one very good reason to choose this route and NOT consult!).