Removing Solicitor as Executor of will

[Bigbox]

There is a solicitor named as executor on a family member's will that the rest of the family would like removing. Probate was granted several years ago so there is no need to keep the solicitor named on the will.

Knowing the solicitor and knowing that they strongly suggested to have their name put on the will (presumably to lock them into being able to charge future fees) i want to minimise exposure to future fees.

What would be the best course of action?

thanks

[sparkythecat]

I can't see you having much luck with that.

https://www.saga.co.uk/magazine/money/personal-fin...

[ellroy]

If probate has been granted, and the terms of the will settled, what on earth would the executor be doing now?

They're job is over at that point, no?

[konark]

Did the solicitor administer the estate?

[Bigbox]

konark said:

Did the solicitor administer the estate?

yes she did

[Tom_C76]

Bigbox said:

konark said:

Did the solicitor administer the estate?

yes she did

Then surely the will has been executed? And it's now just a piece of paper? What do you want to achieve here exactly?

[Bigbox]

Tom_C76 said:

Then surely the will has been executed? And it's now just a piece of paper? What do you want to achieve here exactly?

The retrieval of a document which requires a signature from the executors. I would really resent having to pay her for this.

(Fair question though)

[AndrewEH1]

Worth a read?

http://www.inbrief.co.uk/estate-law/deed-of-variat...

https://www.gov.uk/alter-a-will-after-a-death

[Bigbox]

AndrewEH1 said:

Worth a read?

http://www.inbrief.co.uk/estate-law/deed-of-variat...

https://www.gov.uk/alter-a-will-after-a-death

Thanks but it's been 4 years

[Bigbox]

ellroy said:

If probate has been granted, and the terms of the will settled, what on earth would the executor be doing now?

They're job is over at that point, no?

The solicitor's name is on the probate document and as such she is required to sign anything related to my father.

If I ask her to renounce her duty would this also cover getting her off the probate document?

[Tom_C76]

Bigbox said:

The solicitor's name is on the probate document and as such she is required to sign anything related to my father.

If I ask her to renounce her duty would this also cover getting her off the probate document?

I suspect not without returning to court for a new deed of probate.

[Bigbox]

Tom_C76 said:

I suspect not without returning to court for a new deed of probate.

Thanks. So is the first step to ask the solicitor if she is happy to remove her name from the grant of probate?

Anything else we need to be aware of?


I'm a complete novice at this and have been stung in a big way by this solicitor so am trying to make sure this doesn't happen again - researched on the internet and can't find anything for this scenario

[Tom_C76]

http://www.probatemadesimple.co.uk/what-is-grant-o... says the grant is a document held by the supreme court, and I suspect getting such a thing changed would involve another solicitor

[catso]

Not sure if this helps as it is probably not the the same scenario? but when my Father died last year, he named me and his solicitor as joint executors.

The will has now been dealt with but there was an amount of money left to each of his 8 Grandchildren which they are entitled to when they turn 18.

As 2 of them are under 18 (both are my Children) then the money was to be held in trust until they turn 18, rather than complicate things the Solicitor has stood aside as joint trustee (maybe different from executor?) so that the money could be entrusted to me to give to them when they turn 18, obviously I will do this but AFAIK there is no actual check to make sure it will be done?

There was a 'deed of appointment' drawn up for this purpose, I don't know if such a thing would be appropriate in your case?

To add; there should be no further need for executors with my Father's estate as it is all done with (house sold, money divided as per the terms etc.), my Mother died before him so there are no dependants/surviving spouse etc. The only living relatives are me, my Sisters and families who were the beneficiaries of his will.

Edited by catso on Tuesday 20th December 21:25

[Red Devil]

OP, earlier you mentioned executors. Who is/are the other/s?

Also that it now 4 years after the date of death.
Surely the estate has been finalsed/distributed by now?
Is the document anything to do with a Trust?

These articles may be of interest.

http://www.probaters.com/about-us/probate-blog/201...
http://www.probaters.com/about-us/probate-blog/201...

However, this suggests that renunciation is not possible once any intermeddling/administration has commenced.
https://www.thegazette.co.uk/wills-and-probate/con...

If so, she may have you over a barrel and I suspect getting her out of the picture might prove a costly exercise.
You might need advice from another solicitor about where you go from here and if it's worth trying.

Fortunately, with the 4 estates in my family where I have been an executor I have never had to face such a problem.
So I regret that I don't have any personal experience to offer.

[Bigbox]

There are three executors - the solicitor, me and my sister.
Nothing contentious in the will

No one has any idea why the solicitor was named as an executor, it's probable that the solicitor suggested it, and he followed her recommendation but i'll never know.

Probate was granted with the three parties all named - there is no plausible reason for her to have any power or influence over any future decisions or be able to charge us for having an opinion. Is it normal for each executor to be named on probate document? I've no idea, this is the first time i've dealt with this situation and i don't trust the solicitor to give me an honest answer.

I've read all of the above links but haven't yet seen anything relating to my situation which cannot be unique!

[Red Devil]

Bigbox said:

There are three executors - the solicitor, me and my sister.

Is your sister onside? If you are both beneficiaries as well that's helpful but no guarantee that you will succeed in your quest.

Bigbox said:

Nothing contentious in the will

Fair enough. Still curious about what that document might be. Quite understand if you don't want to divulge that info though.

Bigbox said:

No one has any idea why the solicitor was named as an executor, it's probable that the solicitor suggested it, and he followed her recommendation but i'll never know.

The only person who does can't tell you.

Wouldn't surprise me at all if the solicitor did just that. Many people think well he/she is the professional so I should follow their recommendation not realising the possible implications/repercussions. There are circumstances where it is sensible idea especially where administration might be complicated (e.g. tax considerations, deed of variation, deceased owned a business, property held overseas, etc. etc).

Bigbox said:

Probate was granted with the three parties all named - there is no plausible reason for her to have any power or influence over any future decisions or be able to charge us for having an opinion. Is it normal for each executor to be named on probate document? I've no idea, this is the first time i've dealt with this situation and i don't trust the solicitor to give me an honest answer.

It's normal, otherwise how would anyone know who has the relevant powers? If you're not named you can't do anything unless you apply for a Grant as a personal representative of the deceased.
An example of that would be if a sole executor died. Someone has to pick up the ball and head for the try line.

Anyone who is named and doesn't want to be involved can either take 'powers reserved' which means sitting on the sideline ready to jump back in if necessary - for example say your co-executor who applied for the Grant was to suddenly become completely incapacitated or die (think of the substitutes bench: you're on the team sheet but inactive until needed, if at all) - or you can renounce and bow out altogeher.

Bigbox said:

I've read all of the above links but haven't yet seen anything relating to my situation which cannot be unique!

Maybe not, but usually the reason for wanting to have an executor removed is because he/she is making a proper pig's breakfast of it during the administration phase - e.g. delay/incompetence causing loss to the estate/embezzlement/fraud - not after it is all done and dusted which one might reasonably infer 4 years down the line. Even in that situation it's far from easy and you have to apply to the Court for the executor to be removed from office. Happened to my half-sister and it was proper ballache. Unfortunately that was long before the SRA came into existence and the solicitors' trade union (aka The Law Society) was as much use as a chocolate fireguard.

There is another reason why someone might prefer not to be an executor which is that they are personally liable to the full extent of their assets if a cock-up or oversight occurs. You might think it is all finalised and breathe a sigh of relief afterwards but it subsequently all goes pear shaped. For example you fail to realise that the will is poorly drafted and an unacknowleged/illegitimate child from a former union whom none of the executors knew about pops out of the woodwork and is entitled to a share of the estate. The other beneficiaries aren't going to be too happy and you'll have sort out the ensuing mess.

As for being charged OTT fees, be grateful the person appointed by your family member wasn't this guy - http://www.step.org/news/court-supports-sra-decisi...

[elanfan]

Is this document held by the solicitor or do you need her signature to be able to retrieve it from elsewhere?

If it's from her I think she'd be cheeky having already earned a sizeable from the estate. The documents will probably have been sent to archive storage now and there might be a charge for retrieval (which might be fair enough). If you just need her signature why not draft the letter/ document you need, you and sister sign it and pop in and ask her to add her mark. It would take a couple of seconds and again she'd be very cheeky to try and charge for that.

I suspect you're using a sledgehammer to crack a nut.

[KevinCamaroSS]

I'm a bit confused as to why there is any executor involvement so long after probate has been granted. Surely all disbursements have been made and finalised by now?

As others have mentioned a trust may be involved, which is surely a separate matter to the will. The will created them but the administration is a matter for the trustees.

[Rude-boy]

Regardless of any reason for the executors to have to sign now what interests me is why all three need to sign...