Executors not agreeing

Jazzy1234

The will is divides into paragraphs 
a paragraph  which refers to the residue estate has a sub paragraph which is being taken as referring to  deferent paragraph.
thanks 

Keep_pedalling

Jazzy1234 said:

The will is divides into paragraphs 
a paragraph  which refers to the residue estate has a sub paragraph which is being taken as referring to  deferent paragraph.
thanks 

I think you need to be a lot more specific than that. Could you provide the exact wording, retracting any person information? 

Was the will drawn up by a solicitor? If it was then it would make sense to consult that solicitor.

Sea_Shell

As others have said, if you provide a redacted copy of the actual wording(s) in question, knowledgeables here, can cast an eye over it, and see who of the two executors is more likely to have got it right (or got the wrong end of the stick).

Then, at least you would be going 'armed' to solicitors with an idea of what's what.

Linton

Jazzy1234 said:

If it’s disputed how long can any funds be held on till is there a time limit ?

There is no time limit on resolving a dispute between executors.  The dispute could carry on until one of the executors succeeds in removing the other as an executor, runs out of money, gives up,  or dies.  Best to come to a compromise agreement before things get that far.

Malthusian

Jazzy1234 said:

Thanks for replying, what happens if both executor's receive different advise , (own solicitors) they are both beneficiaries of the will 
thanks again 

As both sides have taken legal advice and received different opinions, the options boil down to:

1) Go to court and ask a judge for a direction.

2) Compromise. How much do the beneficiaries each get under interpretation A, and how much do they each get under interpretation B?

If the Will is ambiguous - and if two different solicitors have come to different conclusions, it suggests it was - a judge would try to put themselves "in the testator/ix's shoes" and work out what their intention was. This is partly why "was it drawn up by a solicitor" is an extremely important question; if it was, that solicitor might have file notes which would evidence the deceased's intentions.

Jazzy1234

Thank you, when I get home I’ll post more details 

Linton

Jazzy1234 said:

Thank you, when I get home I’ll post more details 

One detail that could make a difference - are the executors the sole  beneficiaries?  If anyone is disadvantaged other than one of the executtors then it could  be prudent to get them into the discussion.

Sea_Shell

Jazzy1234 said:

Thank you, when I get home I’ll post more details 

Have they sorted it all out @Jazzy12 ?

Jazzy1234

Unfortunately not, one executor ignoring any correspondence from anyone, next step I guess to go court and have them removed 

Sea_Shell

Jazzy1234 said:

Unfortunately not, one executor ignoring any correspondence from anyone, next step I guess to go court and have them removed 

That's a shame.     

Who's wants to remove who?    Do both feel like the other should be removed?     Is this still down to the interpretation of the will issue, or of competency?