Executor’s Year?

[AchillesLastStand]

Is this even a thing? I’m a beneficiary in my DF’s will and one executor is dragging his feet and refusing to even start probate after 5 months of DF’s death. He’s demanding money from estate because he’s a disappointed beneficiary. Is he liable to pay interest to beneficiaries after the year? Thanks.

No, he isn't liable to pay interest. However, after the year is up the beneficiaries can take action to force distribution.

If the executor is demanding money from the estate, it sounds like he has a conflict of interest. You say "one executor" is dragging his feet. Are there other executors? What are they doing?

There is a massive conflict of interest. He’s an executor and ‘disappointed beneficiary’ at the same time and is refusing to start probate until he’s been allocated some of the estate which he’s not entitled to. It’s a horrible situation, I lost my dad in June from Alzheimer’s and now my stepbrother is doing this to me.

I’ve contacted a solicitor about trying to get him removed.

Sorry the other executor is my brother but he can’t start probate with my stepbrother’s consent.

@AchillesLastStand your brother can start probate and if the estate is likely to be subject to IHT he has to make the first payment within 6 months.

I suggest your brother does as much of the work as possible as there is a lot of paperwork whilst you get legal advice.

How can he start probate if the other executor won’t agree to ‘powers reserved’ or t relinquish his powers? I thought on co-executor couldn’t act without the others consent. There’s no Inheritance Tax to pay. Thanks

I think if they won't apply for probate and won't relinquish their duties you as next of kin can apply to the court to apply for it yourself.

@AchillesLastStand he can start it because there is an awful lot of paperwork to fill in, information to gather. It is highly unlikely that if there are two or more executors they literally do everything together. As long as he keeps all the paperwork to show the other executor and goes through the forms etc. there is no reason he can’t make a start.

There may be some information which requires two signatures to obtain but some may not, plus some should be in existing paperwork.

Obviously he needs the other executor to sign or relinquish before submitting. Why not get as much done as possible so you can submit as soon as the other executor signs or the court orders it.

It is possible to have your stepbrother removed as an executor. You and your brother need to see a solicitor.