Sibling executors bleeding the estate dry with their legal costs

[GudrunM]

Hi,
is there a way to stop my siblings using my deceased Father´s savings & estate to pay their legal costs, primarily the huge costs involved in applying to the courts to remove each other, yes each other, and appoint a new administrator. Well, one sibling is refusing to be removed... Probate is not even applied for yet, and I am the only other beneficiary.
Someone told me about ´Ring-Fencing` my share of the inheritance, so that their costs come from their share only?Is that a thing? and can I write it myself or it´s, of course a solicitor matter?
Does anyone have experience of what costs are involved, how long it took to remove executors/ replace them, & if the estate/ savings were simply bled dry with no way of stopping it?

Thanks so much! xx

As I understand things, you cannot "ring fence" anything at this stage. That needed to be done when the will was written.

As to costs, it's down to the court to decide but, generally speaking, the person who loses will have to pay not only their own costs personally but also much, if not all, of the costs of the winning side as well.

The judge may order that the costs come out of the estate but can also say that the executors must pay the costs personally.

As to how long? Maybe a year or so before it gets around to being heard by a court?

I'm in a similar situation and my understanding is that initial litigation costs to settle disputes around administration isn't going to cone out of the estate.

Unless they both agree to a jointly instructed administrator, which is likely what the court will order , then they will find it's going to cost them very dearly.

Are there caveats in place ? Are you also an executor? Was there a will ?

no, i´m the 3rd beneficiary, but not an executor

Ok, likely it will end up before a Judge and they'll both wish they had taken a more pragmatic approach.

I had this with a proprietary estoppel claim a couple of years ago.

From what I read and understand the costs vary greatly depending on how far the claim goes. If it goes as far as court, then the costs are likely to be high but often things can be resolved by lawyers (it was for us), which is not as expensive. In the article below it says if it's agreed the executors should be removed it's "likely to cost a few thousand pounds"

The costs don't always come out of the estate but we agreed to it in the end to resolve the situation more quickly.

Most lawyers give a 30 minute consultation for free, it might be worth you contacting one to get some advice specific to your situation - it'll put your mind at ease.

https://www.higgsllp.co.uk/articles/how-to-remove-or-substitute-an-executor-from-a-will