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Original poster

Remove an executor. How?

18 replies

SaturnRing · 25/02/2024 09:35

Has anyone successfully removed an executor from a will? Can I apply myself without a solicitor? How long does it take?

Long story but my sibling and I are executors. I've done everything so far (got probate, inheritance tax, sorted all bills etc). There is a property to sell, but sibling it just not cooperating (head in sand, fingers in ears etc).

I'd like us to do it together but it seems that's not going to happen.

OP posts:
tomago · 25/02/2024 09:37

You can't just remove them because you don't agree with them. They can reserve their power - but really I think if you are trying to force it you need a solicitor

CharlotteStreetW1 · 25/02/2024 09:39

Court I'm afraid.

But before that, I would suggest your solicitor sends a stern letter reminding them of their executor's obligations.

Original poster
SaturnRing · 25/02/2024 09:40

As an executor they are legally obligated to carry out the last wishes according to the will. They are not doing so.

I read on here a while ago that someone had simply gone to the probate court in person to have a non cooperating executor removed ...

OP posts:
LeSoleil · 25/02/2024 09:40

An executor who is dilatory runs the risk of being sued by beneficiaries for financial loss.

TraitorsGate · 25/02/2024 09:45

Would it be easier if they resigned instead of having to apply to the Court, have they said why they won't co operate.

Gasp0deTheW0nderD0g · 25/02/2024 09:45
  1. You need a solicitor.
  2. If you want to get any sensible. well-informed advice on a legal issue on MN, post in the Legal topic, or get this moved there. (Report your own OP and ask for it to be moved.) Otherwise you will get lots of answers from people who know diddlysquat about the law but have unbounded confidence that they can give a top-of-the-head answer and that will be helpful, even if it bears no relation to the law at all.
NextPrimeMinister · 25/02/2024 09:50

Just because there's 2 does not mean the other one actually has to do anything. As long as you do it all, keep them informed (keep paper trail) then all is ok. When you apply for probate you do it in your name, but also have the other executors put in writing that they're not going to apply (check govt website for exact wording).

This is if I've understood your scenario as they are disengaged rather than disagreeing or being obstructive to your plans. If the latter, you need legal advice.

Original poster
SaturnRing · 25/02/2024 09:51

Gasp0deTheW0nderD0g · 25/02/2024 09:45

  1. You need a solicitor.
  2. If you want to get any sensible. well-informed advice on a legal issue on MN, post in the Legal topic, or get this moved there. (Report your own OP and ask for it to be moved.) Otherwise you will get lots of answers from people who know diddlysquat about the law but have unbounded confidence that they can give a top-of-the-head answer and that will be helpful, even if it bears no relation to the law at all.

👍🤣 yes I have thread there already. Was posting on here to see if anyone had managed it themselves

OP posts:
Original poster
SaturnRing · 25/02/2024 09:53

NextPrimeMinister · 25/02/2024 09:50

Just because there's 2 does not mean the other one actually has to do anything. As long as you do it all, keep them informed (keep paper trail) then all is ok. When you apply for probate you do it in your name, but also have the other executors put in writing that they're not going to apply (check govt website for exact wording).

This is if I've understood your scenario as they are disengaged rather than disagreeing or being obstructive to your plans. If the latter, you need legal advice.

Thanks. I have probate. It's in both our names. I got sibling to sign when necessary.

OP posts:
sandyhappypeople · 25/02/2024 09:54

When me and my sisters were appointed executors I ended up doing everything as it was easier for one person, it is possible to do that but you need to have the consent of the other executors and you have to keep meticulous records of everything that you do and keep them informed of what is happening at each stage.

you need some proper legal advice if you are actively disagreeing about things though.

NextPrimeMinister · 25/02/2024 09:56

It would be easier if you just cracked on with the property sale etc yourself.

You could go to the effort to get them removed and the outcome would be the same?

What do you hope to achieve by removing them?

SquareCrumpets · 25/02/2024 10:02

My two siblings were executors of a parent’s will. They argued, and the solicitor thought that both of them had been less than honest with him. Consequently, they were told that they had to execute the will together or not at all. After five years, when they had still not executed the will, I asked the solicitor if I could have one of them removed (the other was willing to delegate the responsibility to me.) I was told that I had to either wait for them, or have both of them removed. I took them both to court and had them removed, and replaced with a solicitor so that there could be no argument.

it all cost a reasonable whack of money, but it was taken from the estate. So we were all equally punished financially for their stupidity, but at least I managed to pay the care home bills. I could have chosen to take the costs only from their shares, but chose not to.

Propertylover · 25/02/2024 10:23

@SaturnRing you need a solicitor but even if you had DS removed as executor that’s not going to get her out of the house.

Mediation may be the better and cheaper option to start with. You are up against the time limit of HMRC payments so you quickly need to get to the bottom of why she won’t leave the house.

NextPrimeMinister · 25/02/2024 11:26

Ah just read the other thread. Seek sols advice re her not selling the house, not about removing her as an executor. I think that's a red herring.

TraitorsGate · 25/02/2024 12:12

Removing her as an executor or she wont sell the house?

Soontobe60 · 25/02/2024 12:16

SaturnRing · 25/02/2024 09:40

As an executor they are legally obligated to carry out the last wishes according to the will. They are not doing so.

I read on here a while ago that someone had simply gone to the probate court in person to have a non cooperating executor removed ...

That’s not a thing.
What exactly do you want them to do? I’m sole executor of my DMs estate. I don’t think having another executor would actually reduce my workload. For the house sale, I just organised a solicitor and an estate agent, they had a copy of the probate certificate and I left them to it.

TraitorsGate · 25/02/2024 13:54

If she is refusing to move out and sell the house that's a different issue and removing her as an executor might only mean you can solely force a sale. I think it's best to get legal advice, selling the house may take months anyway, is she refusing to put it on the market.

caringcarer · 25/02/2024 14:42

When my Mum died my Mum had made 2 of my sisters who lived in the same town as executors. They had been helping to care for Mum for about 4 years. In her final 3 months of harrowing pancreatic cancer I moved in with Mum and so did another sister. After Mum died 2 sisters named as executors said they didn't feel up to doing it. They resigned and named me and my DH as their replacements. My DH did everything and her estate was split according to her will equally between her 5 DD's.

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