Is this allowed legally?

Following on from an earlier post https://forums.moneysavingexpert.com/discussion/comment/80320118#Comment_80320118              I'm looking for some advice, my sister is executor of my mothers will and will says if she didn't want to do it then next executor named is my sisters daughter but either she refused too then my sister made her husband administrator of estate. She did not consult either me or my brother who both live outside UK and wanted to know if she had legal right to do this? Thanks in advance!

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  • elsien
    elsien Posts: 32,240
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    Did the executors formally renounce their powers? 
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • I think this particular case has been raised on this forum not once before but twice !!

    Anyone can refuse to act as executor/trix -----they should refuse before starting any work; then virtually anyone , including beneficiaries, can apply to take on the role and a Court will decide who is best placed in their opinion to carry out the task.
  • Keep_pedalling
    Keep_pedalling Posts: 16,127
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    I think this particular case has been raised on this forum not once before but twice !!

    Anyone can refuse to act as executor/trix -----they should refuse before starting any work; then virtually anyone , including beneficiaries, can apply to take on the role and a Court will decide who is best placed in their opinion to carry out the task.
    Anyone can act as an executor (executrix is an antiquated obsolete title) but where all the named executors have renounced they can’t appoint a new one and a child would become before a SIL in the pecking order.

    I think what has more likely to have happened is that the OPs sister has appointed her husband to act as her attorney in administering the estate.

    I think the OP is waistline there time in adding another thread here, if they are concerned that the estate is not being administered in the correct manner and things are taking far too long the next step is to take legal advice.
  • elsien said:
    Did the executors formally renounce their powers? 
    I assume so but makes me wonder if my older brother should have been next in line and we were not even consulted.
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