Co-executor won't act, is it worth going to court and how do I minimise costs?

Jennex

Hoping to hear some ideas or experiences here as every time I ask my solicitor a query, it's a couple of hundred pounds and an ambiguous answer. If I ask this it will probably cost a couple thousand immediately. Please help delay these sodding legal bills. I don't think the solicitor is totally inept but they certainly seem comfortable just batting emails back and forth.

I'm co-executor with one other person. We are also the sole beneficiaries of the Will. It has been over a year since we were granted probate and several years since the death. Assets include a couple of cars, a badly maintained house, and a bank account. None of this can be released without both executors acting together to sign paperwork.

My co-executor refuses to act for various reasons, including that they don't trust me (therefore will not help to release any bank monies in case 'you steal it and run away somewhere'), or that they are too busy to do anything at just this moment (self-employed, always seem to be busy with some unexpected emergency), or that they will only have discussions in person (okay but I do live very far away, so having to turn up in person only to be fobbed off by them again for reasons of them being 'busy' has not worked out with my job - I have begged time off, turned up three times now with plenty of warning and we have gotten nowhere), or that they won't sell the property part of the Will assets because they don't agree with my choice of estate agents and their valuation, or that the possessions can't be sold yet because the cars require repairs and MOTs first.

I've had my solicitor write to them warning I will apply to court to have them removed unless we agree to an execution plan or get a probate solicitor involved to act for us both. They responded with a kind of 'What are you talking about, I've been ready to release assets this whole time, you're the problem here, besides first I need to get my expenses from the estate for protecting the property and possessions assets' retort. If relevant, they're also not using a solicitor. I replied requesting to see the expenses. That was a couple of months ago, nothing but silence. I'm tired of asking my solicitor to send emails.

But realistically, what can I do? Is it actually worth trying to get an executor removed just for being slow? Solicitor said a court battle could cost 50K for goodness sake and said there'd be no guarantee that it would be successful. When I read online about getting executors removed I would guess my case is pretty weak, it's just the co-executor delaying things. Couldn't the co-executor simply suddenly agree to act after I've applied to court, leaving me having uselessly paid much more in the way of legal bills to get the process started? Couldn't they just suddenly come up with excuses then to NOT act, leaving me to have to apply to court AGAIN? Please, what can I really do here? 

silvercar

“ Couldn't the co-executor simply suddenly agree to act after I've applied to court”

That would be a good result. Draft the application to court and send it to them. Give them 10 days to either act or you will go to court. Suggest you will apply to the court for these costs to be assigned totally to them

twopenny

Sounds like you are being well and truly manipulated for some reason only known to the other person.

Presumably they have a list of their costs. If not they will be scuppered.
Have you kept a record of what you asked and the replies with dates? If not then start now. Build your case.
Also any requests made by the solicitor and costs.
Make a file with all of this in date order.

Arrange for anything like the car MOT that needs doing. List and costs.
Also your expenses for travel to the other executor because they wouldn't come to you or meet halfway.

Also know what you want to happen. Tell the co executor that everything is in place and agree with Silvercar. Have the application to court filled in and say you intend to proceed if they don't cooperate.
You don't have to but being ready to do so may wake them up.

Sounds like they will try and manipulate the situation again, they've obviously had practice but stick to one sentence and repeat.