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executor refusing to act

(8 Posts)
Chapsie Thu 26-Nov-15 19:52:47

I'm joint executor on a will of a relative, we are the only two beneficiaries. A year has passed and we haven't even got probate yet because the other executor will not pull her finger out and sign anything. So I haven't even been able to get a solicitor to accept instructions! Estate is worth a fair bit and has a property in it which has now been vacant for a year. I want to sell property and draw a line under this hideous experience,

What can I do?

Luxyelectro Thu 26-Nov-15 19:54:04

Interested in the answers here.

EldonAve Thu 26-Nov-15 19:55:17

you can ask them to abandon their role as executor
or you can apply to court to have them removed

PestoSkiissimos Thu 26-Nov-15 20:09:03

The other executor can renounce, and you could do it all yourself.
My SIL did this as she lives overseas and couldn't possibly tackle all the Executor duties with me when DH died. It was simple, she just had her solicitor draw up a notarised letter of renunciation which she sent to me so I could apply for a probate without her having to get involved.

Chapsie Thu 26-Nov-15 20:24:08

There is no way in a million years the joint executor will resign. The delaying is part of playing a nasty game. She holds Complicated family argument many years ago means we are largely estranged! She hold the will so I can't get things done anyway as I understand it. Also, the property involved is now being lived in informally by the other executor as a 2nd home. I'm also worried about this delay and its implication for bills etc. Would I become liable if council tax has been unpaid for the past year etc.

Is there a timescale in which probate has to be applied for?

Hillfog Thu 26-Nov-15 20:24:41

My siblings didn't officially renounce when DM died but had Power Reserved as they were both working/miles away so I did all of the probate myself. Might this be an option?

This was what we did -

If you have been appointed as an executor in a Will (but not as an administrator without a Will), you can unofficially leave the role of the day-to-day running of the probate process to the other executor(s) under the option ‘power reserved’.

This leaves you with the option of being able to step in at a later date, if the other executor(s) become ill or cannot continue with the process.

An executor with power reserved doesn’t sign the forms or attend the Probate Registry.

This option may be appropriate if you are one of three executors who are, for example, children of the deceased and only one of you deals with the deceased’s estate as one sibling lives closer to the parent who has died. The other two can then have power reserved.

How do I obtain ‘power reserved’?

If you are dealing with the probate process yourself, then the Probate Registry will deal with this for you, based on the information you provide on the Probate Application (PA1) form.

If a solicitor or other probate professional is involved, they will draft the appropriate document, known as a “notice to a non-proving executor”.

Chapsie Thu 26-Nov-15 20:24:54

Could you tell me more about applying to have them removed? Can I do this or do I need a solicitor?

EldonAve Fri 27-Nov-15 13:59:04

www.lawpack.co.uk/probate/articles/article7435.asp some info here

I'd suggest you'd be best to have a solicitor

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