Can I apply to have an executor removed without using a solicitor?

Cluffy01

My brother is an executor alongside myself and my sibling. 

The three of us are also equal beneficiaries. 

He Is refusing to engage with us around the administration of the estate.  Sorting out belongings, emptying the house and looking at paperwork. 

My sibling and I have limited funds so we’re wondering if it is possible to request his removal as an executor without using a solicitor?
Can you approach the courts direct?

Also I’ve read that an executor has a year to manage the estate is this correct? 

I want to get things sorted and sold etc before we have to start paying council tax again. This is rapidly approaching and it very frustrating. I just want to grieve without the stress my brother is causing. 

Any advice gratefully received. 

Thanks 

RAS

Ignore the year thing. It's just an old expectation that beneficiaries should leave the executor alone to do their job. And often so that family executors have time to grieve themselves before getting down to distressing work.

You and the other executor need to ask the brother to reserve or renounce their executorship. I'd aim for the latter using PA15 from the government website since that would still leave two executors, but your brother may prefer to reserve power.

On a practical side, is there enough cash to cover insurance, utilities are used to waiting for payment until the house is sold. Double check the relevant Council to find out how long they allow before probate and after. And what their rules are on empty properties.

You want to get a move on, the brother hasn't helped out to date, suggesting different styles so maybe the third sibling to negotiate with the paperwork.

Once you both understand the CT rules, perhaps get the other sibling to speak and then write and ask the brother to cover the costs upfront, to be reimbursed on sale?

GrubbyGirl_2

When my mum died we (3 siblings) were all listed as executers and the estate was to be divided equally between the 3 of us.  The estate included a house sale.  2 out of the 3 of us were working, the eldest was retired so it was much easier for him to handle everything, especially as I lived 200 miles away though I did take a week off to help clear out the property.  My brother and I handed it over by completing the PA15 form renouncing our roles as executors.

You're not suggesting he's not engaging because you have fallen out so it may be he finds it too distressing to be involved so may well be more than willing to let you get on with it.  My brother kept a detailed spreadsheet showing where all the money went as there were still expenses associated with the house especially until it was sold and I would suggest you do the same and be completely transparent.

Keep_pedalling

RAS said:

Ignore the year thing. It's just an old expectation that beneficiaries should leave the executor alone to do their job. And often so that family executors have time to grieve themselves before getting down to distressing work.

You and the other executor need to ask the brother to reserve or renounce their executorship. I'd aim for the latter using PA15 from the government website since that would still leave two executors, but your brother may prefer to reserve power.

On a practical side, is there enough cash to cover insurance, utilities are used to waiting for payment until the house is sold. Double check the relevant Council to find out how long they allow before probate and after. And what their rules are on empty properties.

You want to get a move on, the brother hasn't helped out to date, suggesting different styles so maybe the third sibling to negotiate with the paperwork.

Once you both understand the CT rules, perhaps get the other sibling to speak and then write and ask the brother to cover the costs upfront, to be reimbursed on sale?

Somehow I don’t think the OPs sibling is not going to cooperate.

https://forums.moneysavingexpert.com/discussion/6605081/help-monies-given-before-death-for-an-annex-that-wasn-t-built/p1

Cluffy01

Thank you all for the information. 

Sadly I don’t think my brother will cooperate so hence the question about whether you have to have a solicitor to apply to have a him removed as an executor. 

Alderbank

No you don't.

You can be litigant in person. However the legal process to successfully remove an executor is highly complex. Most solicitors won't take this on because it is so specialised. You really need a 'contentious probate' solicitor. If your brother is represented by one, and you're not, you will almost certainly lose and the court will award costs against you which can easily be in five figures.

That's why everyone (including me) will say try to get agreement within the family. You might need to resort to bribery to persuade him to renounce. In the trade that is known as 'go away' money ('go away' is the polite term).

Cluffy01

I think we might have to “invest” in our future and get a solicitor involved. 

I wish I could pay him to renounce his executorship but he is a high earner so I have a feeling it’ll be a tough job whichever way we go. 

Thanks for your response. 

MattMattMattUK

Do you have a relationship with him in general? Do you know his motive?

Hoenir

Cluffy01 said:

He Is refusing to engage with us around the administration of the estate.  Sorting out belongings, emptying the house and looking at paperwork. 

Not ideal I agree. However why not simply get the job done. Rather than create angst at an emormous expense that benefits no one concerned.