Another wills/executors question

[NagathaCrispy]

To keep it brief - A and B are named executors of the will of C. The will has been in place for over 10 years. A is C's adult child, B is a long standing and valued friend (not a family member).

Sadly, C passed away very recently. The funeral is yet to be organised.

A has since contacted B telling them that they are "relieved of the need to be executor of the will, and that A will deal with things as necessary", and effectively saying that C's affairs are a family matter and none of B's business. B is upset, as they made a solemn promise to C that they would ensure their affairs were properly and fairly sorted out. B feels that C asked them to be executor as they didn't trust A to do the job properly. B has not seen the will, but knows it is lodged with C's solicitors and has their contact information.

So - can an executor "sack" a fellow executor in this way, or should B contact C's legal advisors to ensure that are fully included in all decisions regarding C's estate. As far as B knows, they are not a beneficiary of the estate and will simply be acting out of long standing loyalty to their old friend.

I have no legal training, but I don't believe an executor can relieve another of their legal obligation re a will. An executor can stand down if they want to, butt obviously that's not the same thing.
I think B should be speaking to the deceased's solicitor.

No, an executor cannot "sack" another executor. An executor can choose to stand down, but they can only be removed against their will if they are in serious breach of their duties. B should make it clear to A that they are not willing to voluntarily renounce their position as an executor of C's will and pointing out that A cannot lawfully remove them as executor - only the courts can do that.

If you are B, my advice is don’t step back and relinquish your role. You will be a safeguard to ensure C’s wishes are fulfilled.

A will realise as soon as they apply for Probate that they will need the full cooperation of B!
I was a joint executor for my DM, the other being her sister who died many years before. I had to jump through hoops to prove she was dead before anyone would deal with me solely.

In England & Wales, A can send B a "power reserved notice" (relieving them of their duties) but B doesn't have to accept it...

B will have signed the will as an executor so should have a copy. A cannot dismiss B as an executor unless B agrees. If C, RIP, wanted B as an executor, then the wishes of C should be respected.

My mother died in April last year and had three executors, two family members and the other a solicitor. The solicitor agreed not to be an executor so withdrew. The estate is still being supervised by another solicitor from the same office.

There is no requirement for an executor to sign a will and if the executor is also a beneficiary (common) they can’t sign the will.

Also, witnesses to a will aren’t entitled to a copy and usually wouldn’t be given one. I’ve witnessed dozens of wills (used to work in a solicitor’s office and my desk was close to the client interview rooms) and I have never received a copy of said wills (and wouldn’t expect to get one).

But yes, Bob can’t be sacked by Alice like this.

Thanks for the clarification on that @CandidHedgehog Having looked once again at my mum's will, you are right, the executors, also beneficiaries, did not sign it (even though they acted like they did!). The solicitor sent us all a copy of the will but we already had seen it because not all of us live there and so could bring back items bequeathed to us specifically put into the will.

Openness and honesty is always required when it comes to distributing an estate.