Removing an executor of a will
Removing an executor of a will
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Discussion

Hedonista

Original Poster:

5 posts

186 months

Friday 25th March 2011
quotequote all
My uncle is co-executor (with a solicitor, who has now told him if he doesn't take his advice and fulfil his legal obligations he can only resign) of my grandfather's estate, and has been behaving despicably since 2 days after his death. We are now looking into having him removed as executor. Can anyone tell me what is involved what requirements and what costs please ?


The biggest single issue is war memoribilia. The will states 50% to son and 50% to daughter (my mum) and thats all it says, so it is extremely clear, she owns half of his war memoribilia. However, he has taken all of it from the house, initially refused to hand any of it over, and now has stated in his letter to us via the solicitor that it has been divided. This is a bare-faced lie. What can we do about this ? Please help this is extremely upsetting for all involved.

Hedonista

Original Poster:

5 posts

186 months

Friday 25th March 2011
quotequote all
ps - if this is in the wrong place please move it

Hedonista

Original Poster:

5 posts

186 months

Friday 25th March 2011
quotequote all
guess this should probably be in the lounge can someone move it please

ZOLLAR

19,920 posts

202 months

Friday 25th March 2011
quotequote all
If its moved to the lounge or SPL you won't be able to reply, so probably best to leave it here.

HTH

Petrolhead_Rich

4,659 posts

221 months

Friday 25th March 2011
quotequote all
SP& LAW

OP-sorry no advice but sounds like a stty situation, can you change the locks at his house and get police involved for theft of the war memorabilia?

sounds like a really stty situation to be in! frown

Chris71

21,549 posts

271 months

Friday 25th March 2011
quotequote all
No idea, but what I will say is I sympathise.

I had a batty aunt take all the money that my grandfather had built up - from being forced to leave school at 13 to help feed the poverty-stricken family to becoming a senior manager at a well known company - and leave it to... [drum roll please] the Cat's fecking Protection League. Every single penny. I can't afford to raise the deposit for a house, but somewhere there's a moggy that's close to millionaire status. Next time one of the mangy things jumps out in front of the car I have half a mind to speed up. mad

Sorry, no idea what to suggest. With hindsight I wish I did, though.

MNBrennan

118 posts

186 months

Friday 25th March 2011
quotequote all
I'm not sure on the removal of an executor, although I assume it will arise from a breach of trust.

In any case, if a personal representative commits any breach of the duties of his office, causing a loss of assets, he is personally liable to the deceased's beneficiaries for any loss caused by his breach of duty. This includes and breach of his duty to distribute the estate to the persons properly entitled under the deceased's will.

Martin

MNBrennan

118 posts

186 months

Friday 25th March 2011
quotequote all
Actually, just looked further into my books.

A personal representative may be removed by revocation of his grant of probate. This includes through a serious breach of duty, as per my previous post. His grant will be removed and a new grant made to secure proper administration of the estate.

Martin

Hedonista

Original Poster:

5 posts

186 months

Friday 25th March 2011
quotequote all
thanks very much, but is that scots law ? we are in scotland you see, there are many other things too but that is the main issue of contention

Hedonista

Original Poster:

5 posts

186 months

Friday 25th March 2011
quotequote all
also, I write my mum's replies to his letters, what exactly would you say if you were me ?

TomJS

980 posts

225 months

Friday 25th March 2011
quotequote all
Section 50 of the Administration of Justice Act 1985 allows the substitution of an executor for another person. No idea about Scotland however. Go thee to a solicitor up there.

ThatPhilBrettGuy

11,810 posts

269 months

Friday 25th March 2011
quotequote all
Why did you register on PH to ask this out of interest?

ZOLLAR

19,920 posts

202 months

Friday 25th March 2011
quotequote all
ThatPhilBrettGuy said:
Why did you register on PH to ask this out of interest?
Duh, cos we know everything innit!.