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Original poster

Can a solicitor act for me as joint executor with my brother?

4 replies

foel · Today 11:31

On a slightly different note to my hassles.....

It seems both my brother and I are down as joint executors. Never going to work ever. (I told Dad this for years - told him pick him or pick me I don't care but he never did).

Can I get a solicitor to act as executor on my behalf? Brother can remain as the other and do what he wants I don't care).

I've got a feeling brother is going to kick off and/or try it on so I want it all to be done legally and also it distances me a little from it all.

(Otherwise, and its happened in the past, I'll get facebook posts telling everyone how I'm ripping off my own brother)

OP posts:
mondaytosunday · Today 11:38

Yes you can. You can either appoint a solicitor (granting power of attorney, and they will be paid from the estate), renounce your role (and then your brother does it solely) or have ‘power reserved’ in which you step back and let your brother do it but can step back in if need be.

HelloMyNameIsElderSmurf · Today 12:36

Obviously a solicitor has to be paid, but if that’s not an issue then yes, you can ask a solicitor to act for you. I haven’t read your other threads but also, you don’t have to do it at all. You can get a solicitor to write you a letter withdrawing from the duty - it has to be recorded somewhere (can’t remember where) so you do need a bit of advice to protect yourself and do it correctly, but it’s definitely the easiest way to draw the thing to a conclusion. Sorry for your loss

Original poster
foel · Today 14:21

mondaytosunday · Today 11:38

Yes you can. You can either appoint a solicitor (granting power of attorney, and they will be paid from the estate), renounce your role (and then your brother does it solely) or have ‘power reserved’ in which you step back and let your brother do it but can step back in if need be.

ok thanks.... Much as I'd like to let him do it theres one way that would go! :-(

OP posts:
Original poster
foel · Today 14:25

HelloMyNameIsElderSmurf · Today 12:36

Obviously a solicitor has to be paid, but if that’s not an issue then yes, you can ask a solicitor to act for you. I haven’t read your other threads but also, you don’t have to do it at all. You can get a solicitor to write you a letter withdrawing from the duty - it has to be recorded somewhere (can’t remember where) so you do need a bit of advice to protect yourself and do it correctly, but it’s definitely the easiest way to draw the thing to a conclusion. Sorry for your loss

Got an appt with solicitor whos got dads will next week. Seems to be an idea.

Really expecting trouble with brother. Partly because he's as thick as mince and partly because if he thinks he can get away with it he will.

Already 99% sure, he's taken cash Dad had in the house.

I'm thinking....
1.) Less stress because I don't have to speak to him (the funeral is already bad enough)
2.) Got someone to look after the legal aspects.
3.) Its gives me a gap because solicitor can be the bad one - otherwise can guarantee some made up allegations will end up on facebook.

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