Solicitor dealing with probate has now asked for me to become executor.

user5001

Afternoon all,

Some advice needed please. My solicitor has asked me to sign a Statement of Truth document. He explained that its needed for me to become an executor for the estate. The thing is that I don't want to become an executor. 

My brother and I were children when our Dad made the Will and he named a solicitor firm to be Executors. My brother and I are the only beneficiaries. It was my understanding that we get original Solicitor firm to renounce their executorship (which we have done) thus no executors exist and then pay our new solicitors to help with probate and letters of administration etc.

It seems odd that our solicitor has just mentioned this now after 8 months. It was never mentioned that a new executor is needed and that it would be me because my name is mentioned first in the Will?

Thanks for reading

poppystar

Why did you ask the original solicitors to renounce if you were not going to take on the role? AIUI if there are no executors then the beneficiaries are first in line to deal with the estate although it would now be Letters of Administration with Will attached rather than a Grant of Probate. So as the eldest that is you. 

Someone has to take charge of the estate and you can ask the new solicitors to deal with the paperwork but you can’t give them that responsibility to be in charge of the process. 

Is there a particular reason why you don’t want to do this? 

Flugelhorn

If it is a simple estate then better to become the administrator yourself

user5001

poppystar said:

Why did you ask the original solicitors to renounce if you were not going to take on the role? AIUI if there are no executors then the beneficiaries are first in line to deal with the estate although it would now be Letters of Administration with Will attached rather than a Grant of Probate. So as the eldest that is you. 

Someone has to take charge of the estate and you can ask the new solicitors to deal with the paperwork but you can’t give them that responsibility to be in charge of the process. 

Is there a particular reason why you don’t want to do this? 

I understand that my brother and I would have to deal with the estate. I instructed a new solicitor to deal with probate and help with administration etc. I understand that the estate would be no executorship so it would be under letter of administration.

RAS

Presumably since getting the original executor to renounce, someone has instructed the new solicitor to obtain administration? Who, exactly. You? Or you and bro jointly.

And why do you not want your name on the admin?

poppystar

user5001 said:

poppystar said:

Why did you ask the original solicitors to renounce if you were not going to take on the role? AIUI if there are no executors then the beneficiaries are first in line to deal with the estate although it would now be Letters of Administration with Will attached rather than a Grant of Probate. So as the eldest that is you. 

Someone has to take charge of the estate and you can ask the new solicitors to deal with the paperwork but you can’t give them that responsibility to be in charge of the process. 

Is there a particular reason why you don’t want to do this? 

I understand that my brother and I would have to deal with the estate. I instructed a new solicitor to deal with probate and help with administration etc. I understand that the estate would be no executorship so it would be under letter of administration.

Yes, but the Letters of Administration have to be granted to someone. (In the same way the Grant of Probate would have been given to the executor) You are the first entitled person in that respect. If you are effectively doing the role anyway, having appointed solicitors to work for you in order to get the estate sorted, what is the issue that is causing you problems here?

Could your brother take on the role or does he feel the same way? I think if you want the estate sorted and your inheritance one of you will have to step up.