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  • FIRST POST
    • Threecatz
    • By Threecatz 16th Jun 18, 11:27 PM
    • 23Posts
    • 6Thanks
    Threecatz
    Co-Executor Problems
    • #1
    • 16th Jun 18, 11:27 PM
    Co-Executor Problems 16th Jun 18 at 11:27 PM
    Hello, I would be grateful for any advice on the following; please.

    My father died a month ago and myself and my brother were appointed joint executors in his Will. Unfortunately, we have never got on ( Dad thought doing probate together would help!) Initally my brother agreed I could take the lead on probate, as I had held POA for Dad. I downloaded and completed probate application and IHT form - Dad died in a care home, there is no property to sell, just a few savings accounts to close, the estate is below the IHT threshold.

    The whole thing seems straightforward but, twice now, appointments made with my brother to collect the Will from the solicitor have been cancelled last minute by him and now I have received a solicitors letter ( from the solicitor holding the Will) to say that, as we are unable to agree on the way forward, my brother has decided I can deal with probate and he will reserve his power to act, on the proviso that the solicitor ďassistsĒ me with the administration! Despite the solicitor asking me to return a signed copy of the letter, Iíve no wish to instruct them because, apart from the estate being straightforward, the the letter doesnít include any estimate of what this is all going to cost. Itís frustrating as the only thing I need to get hold of is the Will, then I can send the application off. However, Iím worried that if I donít agree to this, my brother will say Iím acting unreasonably and try to get me removed as an executor.

    Any thoughts anyone has on the best way I can proceed would be very much appreciated.

    Many thanks in advance.
Page 3
    • Dox
    • By Dox 7th Aug 18, 10:58 AM
    • 975 Posts
    • 761 Thanks
    Dox
    Since an executor has appointed a solicitor they are not personally liable for the fees that are chargeable to the estate. The OP might have great difficulty in recovering the fees from her brother who is certainly morally responsible.
    Originally posted by Yorkshireman99
    You've missed the point. The idea is to serve formal notice on the solicitor that his/her appointment is not a unanimous decision of the executors - and that failure to provide a copy of the will to OP will delay the process and that delay will be down to the brother and/or solicitor. That is likely to concentrate at least one mind!
    • Yorkshireman99
    • By Yorkshireman99 7th Aug 18, 1:32 PM
    • 4,611 Posts
    • 3,818 Thanks
    Yorkshireman99
    I have not missed the point! The OP has and you are correct to point out what she needs to do!
    • hb2
    • By hb2 7th Aug 18, 2:39 PM
    • 90 Posts
    • 85 Thanks
    hb2
    Threecatz, I'm afraid I have come late to the thread and have no specialist knowledge of your situation.

    Firstly, I am sorry for your loss. I suspect this is the last thing you want or need just now

    I have a couple of thoughts on the matter -

    Firstly, your posts suggest that there is very little in the 'estate'. Would there actually be enough to pay a substantial solicitor's bill? If not, would it be worth pointing this little fact out to the sols? I doubt they would want to take on any extra work (bearing in mind that they have already run up quite an account) if they were not likely to get paid!

    Secondly, I think you need to consider how much money you are talking about and ask yourself whether it is really worth all this agro. I understand that it is a matter of principle and you don't want to let your brother 'win'. I gather, from what you said, that brother did not act honourably with regard to your mother's estate and you suspect he has the same in mind now. If he did, would it be worth losing a few £ to walk away with your head high and never have to see him again?

    I cannot answer either of those questions, and you don't have to answer here, but they might be things for you to bear in mind when you consider your next move.

    I have to admit that I often regretted being a singleton, but it is times like these that I am glad of the fact!
    • Threecatz
    • By Threecatz 7th Aug 18, 4:47 PM
    • 23 Posts
    • 6 Thanks
    Threecatz
    Thank you Dox, YM99 and hb2 for your further replies.

    Dox - your suggestion is so obvious that I feel stupid that I didn't think of doing that at the outset! Thank you for pointing out what I need to do so clearly. I suppose, once I started receiving letters from the solicitor I thought I had to act on them and also thought there would be a chance of agreeing a way forward with a third party in between us but of course, in my naivety, I was overlooking the fact that they are working solely for my brother!

    hb2 - thank you for your condolences. I do take your point about when to act and when to walk away. Although below the IHT threshold, there is more than enough in the pot to pay the solicitor a tidy fee, as they well know because I gave my brother a copy of the spreadsheet I kept as attorney for Dad way back at the beginning, when I thought we were acting together. I have walked away in the past from various questionable things my brother has done, or given him the benefit of the doubt but not this time round.

    Anyway, thank you again for the advice, it is much appreciated.
    • hb2
    • By hb2 7th Aug 18, 5:32 PM
    • 90 Posts
    • 85 Thanks
    hb2
    Threecatz, I wish you well.
    • Threecatz
    • By Threecatz 7th Aug 18, 7:47 PM
    • 23 Posts
    • 6 Thanks
    Threecatz
    Thanks hb2. On a positive note, at least I am learning a lot from this experience - coming back as an only child next time round is one vital lesson
    • Flugelhorn
    • By Flugelhorn 7th Aug 18, 9:19 PM
    • 998 Posts
    • 1,203 Thanks
    Flugelhorn
    Thanks hb2. On a positive note, at least I am learning a lot from this experience - coming back as an only child next time round is one vital lesson
    Originally posted by Threecatz

    I so hated being an only child - really, really wanted some siblings and in the latter years of mother's life I felt the lack of them dreadfully - however once the first few weeks after her death had passed, I realised that it was definitely easier being an only child. Had to do all the work but there was no-one to disagree with me or argue about my decisions
    • Threecatz
    • By Threecatz 8th Aug 18, 9:06 AM
    • 23 Posts
    • 6 Thanks
    Threecatz
    Thank you Flugelhorn.

    I'm sorry, my previous comment was rather crass. I can appreciate how difficult it must have been for you. Life isn't easy, is it.
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