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Removal of an Executor for a will

(4 Posts)
cremolafoam Tue 22-Jul-08 12:42:43

Long story:
My aunt and uncle died within a year of each other in 2007 leaving a house and large garden with planning permission for the building of 2 houses.The estate was left to their four children- my cousins.
One of the cousins is married to a banker who was given the role as executor by my aunt and uncle along with my male cousin.

About 6 months ago the banker decided to divorce my cousin and leave his 4 children.The divorce has been messy, vitriolic and mean.The family are devestated. A younger woman is involved.His kids are in bits. His soon to be ex wife is severly depressed and has become practically agoraphobic.

The banker refuses to move on the sale of the house left to my cousins.He thinks that more houses could be built on the plot and therefore the sale price would increase, meaning his share would double. His ex wife would be a benefactor and he would therefore get a bigger slice follwing divorce proceedings.( he reckons)(He has applied for planning permission for a further 6 houses)
I am livid and want to help.I love my cousins to bits , but they are all greiving and in shock. My sister and i really want to help them, but they seemed resigned to give in to the banker( a bully and Twunt in one)
Can an executor be deposed because of now having a conflict of interest?
How much would it cost?

My aunt and uncle would be horrified that this was happening.We know the banker has been planning to leave my cousin for some time and the feeling is he waited until my aunt and uncle were no longer around to leave her and the children. The younger woman affair has been going on for 4 years.
Please advise.

cremolafoam Tue 22-Jul-08 13:20:09


legalalien Tue 22-Jul-08 13:52:39

bumping for you - from a quick google it looks as though the High Court has jurisdiction to replace personal representatives (including executors) under section 50 of the Administration of Justice Act 1985 (you might want to try googling this), but I have no idea how easy it is or how much it would cost (not an area of law I have any experience in). Might be worth ringing around a few local law firms to try and get ball park figures? Generally dealt with by a practice area called "contentious probate", so if you google that, "law firm" and your area you should get some names. Or alternatively someone who knows something about this may be along soon.

cremolafoam Tue 22-Jul-08 22:24:44

thanks lega. will try to look for that.
spoke to my cousin today - the one who is also an executor.He is also researching but his solicitor has not been helpful.he is also worried as his brothe( cousin 3) has now moved into the house to keep it maintained and worries that this might affect things.

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