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Removing an Executor ?

5 replies

gowgow · 17/06/2019 18:03

Brother & I are Joint Executors of our Father's estate. He is a pain in the bum; refused to sign POA for a year, delayed signing Probate papers, & we nearly lost the sale of the house because he wouldn't sign.

Anyway, 4 years after Dad's death there's likely to be some more cash to distribute. Long story, but a 6 year battle by ME to get Care Fees refunded by the NHS. Bro needs to sign a document, but has ignored my messages. He is depriving all the beneficiaries by refusing to act, i.e. us 2, plus his 2 children & my 1 child who each get 20%.
Dad's solicitor is out of the equation, the estate is wrapped up as far as they are concerned & they were not good. Can I get rid of him as an Executor, please?
Any suggestions gratefully received.

OP posts:
PeoniesarePink · 17/06/2019 18:10

I can't imagine that it would be an easy process, OP.

Can you go to another solicitor for some better advice?

Birdie6 · 18/06/2019 10:10

I know that a person can abdicate the role of executor, but I don't think you can get rid of one who wants to continue in the job. If it's just a matter of getting some papers signed, can you go and see him personally and put the papers in front of him ?

gowgow · 18/06/2019 13:42

Thanks for your replies, I think I'll try the CAB first.
@Birdie6 - I wish!! I did that with POA & he point-blank refused.

OP posts:
redastherose · 19/06/2019 18:53

The court can remove an executor in certain circumstances (ie they have been found to be dishonest-steeling from the Estate etc). Not sure if they would do so because of delays but if there is no good reason for him not to sign and it is a deliberate act to prevent the winding up of all Estate matters then they might be convinced to either tell him to sign or sign the papers on his behalf (more usually done in difficult divorce cases but it's a possibility).

redastherose · 19/06/2019 18:53

Or even stealing!

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