Changing executor

PNELancs

Apologies for starting a thread when I’ve not contributed on this site for some time but I’m looking for a little advice and maybe reassurance please.

I was appointed executor for a will, jointly with a solicitor and with 4 equal beneficiaries. There’s a house, some money and a few effects and they were a single lady - so all relatively simple I think. The issue is the solicitor now can’t do it and for various reasons I don’t want or feel able to do it on my own. The others don’t want to use another solicitor because of the cost, so one of them is willing to take it on. I know I can renounce my role but they’re adamant it’s simple for them to take over as long as they submit my PA15 with their probate application. Are they correct - or more correctly is AI correct as I suspect that’s the source!

I would rather use a legal person but I’m all for give and take and if they’re willing to take on the responsibility from me it’s only fair I give a bit as well.

Marcon

You say '…they were a single lady' which suggests they've already died.

Have you actually taken any actions in your role as executor ('intermeddled')? If so, you can't simply renounce using a PA15. There are plenty of articles (reliable ones!) on what constitutes intermeddling eg https://www.higgsllp.co.uk/articles/what-is-intermeddling-in-an-estate

poseidon1

Yes subject to having not intermeddled in the estate yourself, a PA15 is all the others need from you to progress with probate via a PA1P letters of administration application.

However I must say the appointment of what appears to be 6 executors , did not sound very conducive for the effective and timely administration of a simple estate, so as long as you are happy the remaining executors are competent to move forward by themselves, no harm done in your stepping back.

As for your preference for a legal person to take charge, frankly they can often be more hindrance than help in the case of an otherwise very simple estate.

Marcon

However I must say the appointment of what appears to be 6 executors , did not sound very conducive for the effective and timely administration of a simple estate

I don't think it is 6 executors - I read it as 2 executors, and the will named 4 beneficiaries, one of whom is willing to take over from OP.

PNELancs

https://forums.moneysavingexpert.com/discussion/comment/82025427#Comment_82025427

Yes, it was only two - probably my unclear wording.

PNELancs

https://forums.moneysavingexpert.com/discussion/comment/82025425#Comment_82025425

No, I’ve not intermeddled - I’ve contacted a few organisations but done nothing like gathering money, just freezing accounts.

PNELancs

https://forums.moneysavingexpert.com/discussion/comment/82025419#Comment_82025419

Thank you. I’ve read a similar one to that and now your quoted article and I’m sure I haven’t done so.

poseidon1

https://forums.moneysavingexpert.com/discussion/comment/82025457#Comment_82025457

Thanks for clarifying, I misconstrued the number involved where others did not.

In passing seems to have been a good thing the solicitor chose to step back from their executorship voluntarily, many lawyers wouldn't.

EDIT

However, just one sole executor going forward does not allow for an easy fall back position should they become sick, die or for any other reason unable to continue to act.

Have you considered the possibility of reserving your power as executor, so that in an extreme situation you can step back in to ensure continuity of the estate admin? Things can get quite complicated if something happens to a sole executor.

PNELancs

https://forums.moneysavingexpert.com/discussion/comment/82025472#Comment_82025472

Thank you. That’s not something I’ve considered but we’ll talk about it - maybe adding two is the way to cover that as the issue I have is nerves related.

The answers given have been really helpful and reassuring, thank you very much to everyone who’s answered.

Keep_pedalling

The other option open to you is to retain your powers but appoint attorneys to act for you in this matter. For this you need to form PA11.

Is her estate in IHT territory?

PNELancs

https://forums.moneysavingexpert.com/discussion/comment/82025963#Comment_82025963

No it’s not, I honestly think it’ll be straightforward as none of the elements I’ve seen listed as potential pitfalls are present. The issue for me is I’m the sort of person who worries themselves sick about everything even though I know logically there’s nothing to worry about. I used to do pastoral care for children trying to encourage them not to worry about every little thing as well!