Removing an Executor

Sd15296

My nephew is a named executor on my father's will along with me and my sister. My late father chose my nephew as one of the executors as he was a lawyer and helped him write the will. He was struck off the roll last year for 10 counts of dishonesty handling clients money and was also made bankrupt. Can I get him removed as an executor as I clearly do not trust him. My sister still blindly trusts him. Any ideas? 

poppystar

In the first instance I’d approach him and suggest he might want to give up the role himself or renounce his power because you and your sister can manage. Is he a beneficiary of the Will? If not you could again use that as an argument in the sense of why would he want to do the work with no benefit to himself. 

Keep_pedalling

In the first instance just ask him to renounce his powers.

RAS

If the deceased lived in England or Wales, it is PA15 to renounce the executorship.

If the nephew is a beneficiary, you need further advice.

Mr.Generous

Just one thing that might be of concern, when he was a lawyer he could charge for his time as an executor, the wording for executors charging for their time might leave a dishonest persons interpritaton that they could still do this.

Malthusian

Ask him to renounce. If he demurs, ask him to reserve his powers as a compromise. If he reserves powers, he can't do anything with the estate, but he can un-reserve his powers if you and your sister are mishandling it, so he can't really say "I'm not going to renounce because I don't trust the two of you".

If you dug your heels in and took this to court, you would think that you would win and get him removed as it is a matter of official record that he is dishonest. However, that would be a long and expensive process. And until then you might be outnumbered two to one. So, if you want to avoid the stress and expense of going into court, diplomacy is needed.

As executorship isn't a democracy and all the executors have to apply for probate (not a majority of them), you being outnumbered doesn't matter too much. However, if you don't play your cards correctly, you could still increase the risk of expensive legal action and open a rift with your sister.

Keep_pedalling

Mr.Generous said:

Just one thing that might be of concern, when he was a lawyer he could charge for his time as an executor, the wording for executors charging for their time might leave a dishonest persons interpritaton that they could still do this.

Not if he has been struck off. If the will appointed him in a professional capacity he can no longer act in that capacity, although I got the impression he was to act as a member of the family. 

Sd15296

Hi All, thanks for yoru comments, I have asked him to renounce and he refuses. He is also a beneficiery of the will and will act as an executor as a member of the family. Is there anything else I can do? 

Sd15296

Keep_pedalling said:

In the first instance just ask him to renounce his powers.

I've asked him to renounce - he refuses, any further ideas? 

Sd15296

Keep_pedalling said:

Mr.Generous said:

Just one thing that might be of concern, when he was a lawyer he could charge for his time as an executor, the wording for executors charging for their time might leave a dishonest persons interpritaton that they could still do this.

Not if he has been struck off. If the will appointed him in a professional capacity he can no longer act in that capacity, although I got the impression he was to act as a member of the family. 

He wouldn't be acting in a professional capacity as he is struck off, can he act as a member of the family still ? 

RAS

It's not recommended but not unlawful.

Have you checked the details of his bankruptcy? When is he due to be discharged? Is there any extension to the bankruptcy period?

Edit: It might be worth going over to the bankruptcy subforum, under Reduce Debt and Boost Income, and asking someone like @Minkym00 to comment on what your responsibilities are as executors regarding a bankrupt beneficiary.