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    • 64mansion2
    • By 64mansion2 13th Jan 20, 11:11 AM
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    64mansion2
    Renouncing of executor - solicitor
    • #1
    • 13th Jan 20, 11:11 AM
    Renouncing of executor - solicitor 13th Jan 20 at 11:11 AM
    My mother passed away in December and made her appointing the solicitors and my brother as Executors in 2011.

    There is no property involved but as she has over 50,000 in one of her bank accounts it naturally goes to probate. My brother would like to do the probate himself but when we visited the solicitors office we were told that it was their practice not to release the original will in such circumstances. The original will plus certified copies are obviously required in order to do this.

    I have since emailed the partners of the firm and asked if they would renounce this position pointing out that there isn't any property, a moderate estate and all her descendants are named equally in the will therefore it should be a straightforward process. As of today I haven't had a response.

    Is there any thing further I can do should they not respond or decline.

    I would appreciate such advice.
    Thank you
Page 1
    • xylophone
    • By xylophone 13th Jan 20, 11:48 AM
    • 32,103 Posts
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    xylophone
    • #2
    • 13th Jan 20, 11:48 AM
    • #2
    • 13th Jan 20, 11:48 AM
    My brother would like to do the probate himself but when we visited the solicitors office we were told that it was their practice not to release the original will in such circumstances.
    But if they renounce they must surely release the will?

    https://www.co-oplegalservices.co.uk/media-centre/articles-jan-apr-2018/how-to-stop-a-solicitor-or-bank-being-the-executor-of-a-will/
    • Dox
    • By Dox 13th Jan 20, 12:30 PM
    • 1,899 Posts
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    Dox
    • #3
    • 13th Jan 20, 12:30 PM
    • #3
    • 13th Jan 20, 12:30 PM
    I have since emailed the partners of the firm and asked if they would renounce this position pointing out that there isn't any property, a moderate estate and all her descendants are named equally in the will therefore it should be a straightforward process. As of today I haven't had a response.
    Originally posted by 64mansion2
    If your mother died in December and you later e-mailed the firm, they haven't had much time to reply, particularly if their office was closed between Christmas and New Year. I'd give it another week and then send a polite chaser and see what they say.
    • Gavin83
    • By Gavin83 13th Jan 20, 2:18 PM
    • 6,553 Posts
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    Gavin83
    • #4
    • 13th Jan 20, 2:18 PM
    • #4
    • 13th Jan 20, 2:18 PM
    You could potentially struggle with this. By renouncing the executorship they're effectively giving up some potential income for doing very little work. You can ask but they can refuse.

    It is a scandal in all honesty but that's solicitors for you.
    • Savvy_Sue
    • By Savvy_Sue 13th Jan 20, 2:29 PM
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    Savvy_Sue
    • #5
    • 13th Jan 20, 2:29 PM
    • #5
    • 13th Jan 20, 2:29 PM
    You could potentially struggle with this. By renouncing the executorship they're effectively giving up some potential income for doing very little work. You can ask but they can refuse.

    It is a scandal in all honesty but that's solicitors for you.
    Originally posted by Gavin83
    I believe there is guidance from the SRA / Law Society which says the SHOULD renounce in such cases, ie small simple non-contentious estate
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    • 64mansion2
    • By 64mansion2 15th Jan 20, 10:10 AM
    • 3 Posts
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    64mansion2
    • #6
    • 15th Jan 20, 10:10 AM
    Renouncing of executor - solicitor
    • #6
    • 15th Jan 20, 10:10 AM
    Thank you for your response. As yet they haven't replied to my request
    • balooney2000
    • By balooney2000 15th Jan 20, 10:44 AM
    • 79 Posts
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    balooney2000
    • #7
    • 15th Jan 20, 10:44 AM
    • #7
    • 15th Jan 20, 10:44 AM
    If your brother is a named executor he is legally entitled to the original will. I recently had exeprience of a solicitor holding onto a will as he would only release it to the executors.


    We have also asked a solicitor to use a DoV to remove themselves as executor, so we could handle the probate ourselves. This cost 250 but meant the executor was in control (it was straight forward) and shortened the time to probate.
    • SevenOfNine
    • By SevenOfNine 15th Jan 20, 7:18 PM
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    SevenOfNine
    • #8
    • 15th Jan 20, 7:18 PM
    • #8
    • 15th Jan 20, 7:18 PM
    Page 80 on here might help you ask the right questions of the solicitor in relation to their reluctance to give the other executor the will, & renounce as well.

    https://www.google.com/url?q=https://www.lawsociety.org.uk/support-services/accreditation/documents/wiqs-wills-and-inheritance-protocol/&sa=U&ved=2ahUKEwinzuuMnobnAhVKXsAKHTDZBn4QFjAJegQ IChAB&usg=AOvVaw3Zy4T7L9fYANrp5FPz4g2Q
    Seen it all, done it all, can't remember most of it.
    • 64mansion2
    • By 64mansion2 16th Jan 20, 6:43 PM
    • 3 Posts
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    64mansion2
    • #9
    • 16th Jan 20, 6:43 PM
    • #9
    • 16th Jan 20, 6:43 PM
    Thank you so much for the responses and advice I have been given regarding this. I am still awaiting a response to my request.
    Thanks again.
    Angela
    • Savvy_Sue
    • By Savvy_Sue 17th Jan 20, 12:53 AM
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    Savvy_Sue
    Thank you so much for the responses and advice I have been given regarding this. I am still awaiting a response to my request.
    Originally posted by 64mansion2
    How many working days has it been since you made the request, AND is the request in your name, or jointly with your brother?

    You see, YOU probably do not have any rights here, because you are not an executor. He's the one who needs to ask if they will renounce, and push for an answer ...
    Still knitting!
    Completed: TWO adult cardigans, 3 baby jumpers, 3 shawls, 1 sweat band, 3 pairs baby bootees, 2 sets of handwarmers, 1 Wise Man Knitivity figure + 1 sheep, 2 pairs socks, 3 balaclavas, multiple hats and poppies, 3 peony flowers, 4 butterflies ...
    Current projects: pink balaclava (for myself), seaman's hat, about to start another cardigan!
    • nom de plume
    • By nom de plume 17th Jan 20, 9:21 AM
    • 913 Posts
    • 826 Thanks
    nom de plume
    How many working days has it been since you made the request, AND is the request in your name, or jointly with your brother?

    You see, YOU probably do not have any rights here, because you are not an executor. He's the one who needs to ask if they will renounce, and push for an answer ...
    Originally posted by Savvy_Sue

    I read the OP as being that the Solicitor is named as executor. The brother is not but wants to take on the role.
    • SevenOfNine
    • By SevenOfNine 17th Jan 20, 9:55 AM
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    SevenOfNine
    I read the OP as being that the Solicitor is named as executor. The brother is not but wants to take on the role.
    Originally posted by nom de plume
    "My mother passed away in December and made her appointing the solicitors and my brother as Executors in 2011".

    I read that as the will appointing both solicitor & brother. Though it's a good point by Savvy_Sue which explains why the OP may not be getting any response from the solicitor.

    I wonder why the brother doesn't deal with this themselves, given that they will be lone executor if the solicitor does agree to renounce?
    Seen it all, done it all, can't remember most of it.
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