Removing an executor

[charitynjw]

From what I've read, contested wills seem to be a growth industry.

A neighbour is involved in one - one of 3 main beneficiaries, the other 2 are the named executors.
There is also a small provision for a few grandchildren.
Estate is house + bits & pieces; well below 200k.

Problem is, one of the executor/beneficiaries has contested the will & wants half of it, & has apparently sought legal advice.

It occurs to me that there must be a conflict of interest.

Would that be enough to have this person removed as an executor?

[CleverClogs]

Re: Removing an executor

From what I've read, contested wills seem to be a growth industry.

A neighbour is involved in one - one of 3 main beneficiaries, the other 2 are the named executors.
There is also a small provision for a few grandchildren.
Estate is house + bits & pieces; well below 200k.

Problem is, one of the executor/beneficiaries has contested the will & wants half of it, & has apparently sought legal advice.

It occurs to me that there must be a conflict of interest.

Would that be enough to have this person removed as an executor?

Could those whom he/she seeks to disinherit trust him/her?

[charitynjw]

Re: Removing an executor

Would it be safe to think that your question is rhetorical, CC?

[CleverClogs]

Re: Removing an executor

Would it be safe to think that your question is rhetorical, CC?

You may choose to believe that but I could not possibly comment.

[charitynjw]

Re: Removing an executor

"She trusts me absolutely. I trust she does. And I, I trust her absolutely - to be absolutely human."

Francis Urquhart

[charitynjw]

Re: Removing an executor

Getting this thread back on track, I'm reading that it is not that simple to remove a named executor, but conflict of interest is a possible reason for doing so.

Any pointers on this, or any opinions, would be much appreciated.

[Bill-K]

Re: Removing an executor

Not much help, but isn't 'Conflict of Interest' a 'Contractual' issue - whereas the appointment of Executors is not ? After all, the said 'appointment' does not effectively take place until after the 'appointor's' death - in which case, there can be no 'contract' as such, can there ? It may well be that CC's mention of the word 'Trust' has more implication than we realise.

[CleverClogs]

Re: Removing an executor

If one of the named executors is contesting the will, they must doubt the mental capacity of the deceased. What that executor seems unable to understand is, if the deceased was unfit to make a valid will, the deceased person was also unfit to appoint any executors and the Court of Chancery will doubtless wish to appoint its own.

If I knew a bit more about the family and the disputed will, I might be able to guess how the case might go. If the will is overturned and no previous will exists, the intestacy rules will apply and, if the legatees are just friends of the deceased, the nearest relatives will get the lot.

[charitynjw]

Re: Removing an executor

Cheers, guys!

Bill - Contract with the deceased, lol.
I did see a case recently where the dear departed's fingerprints were found......on the death certificate
http://www.dailyrecord.co.uk/news/we...6908-23537113/

CC- Mental capacity of the deceased and/or the executor is certainly one reason for contesting, but not the only one.

s50 Administration of Justice Act/Part 57.1
http://www.justice.gov.uk/guidance/c...rts/part57.htm

[calamity jane]

Re: Removing an executor

Few links for you that might help.


http://www.legalbeagles.info/forums/...ad.php?t=21131


http://www.lawontheweb.co.uk/Probate


http://wiki.answers.com/Q/Can_an_exe...e_is_executing

CJ

[CleverClogs]

Re: Removing an executor

If the named executor is not suggesting that the dear departed was gaga, loony or just round the twist when the will was made, what other reason might they have for removing a beneficiary?

Did they do something very silly, such as leaving one third of the residual estate to the late Diana Spencer in the hope that she may no longer have to work in that Hounslow burger bar?

[charitynjw]

Re: Removing an executor

Two of the parties are both executors and beneficiaries.

One of these has contested the will. (Wants more than allocated)

So, conflicting interests.

Hence removal as executor, although remaining as beneficiary.

[CleverClogs]

Re: Removing an executor

Two of the parties are both executors and beneficiaries.

One of these has contested the will. (Wants more than allocated).

But why?

Was he "cut off with a shilling" because, despite warnings not to imperil his inheritance, he insisted upon marrying "unsuitably", with the balance of his legacy being paid instead to the deceased's luscious Thai assistant and personal bed-warmer?

[charitynjw]

Re: Removing an executor

Why indeed! - Good question, no answer at the moment.

Possibly just greed, hoping that the other beneficiaries will capitulate.

There is always the possibility that there is a legitimate claim.

Either way, however, being in a position of 'control' over the proceedings presents an obvious disparity.

[Amlodhi]

Re: Removing an executor

One good example is mine. My mother died in March 2011, and her will appointed all four siblings as executors of her estate. The two siblings nearest to our mother immediately tried to appoint their choice of solicitor (it just happened to be our mother's solicitor ....) to administer the estate, but he refused the appointment because the other 2 siblings objected. They then tried another solicitor who also refused. They than (obviously on someone's advice) offered me the role of sole executive. Being highly suspicious that something unsavoury was going on, I accepted, even though it obliged me to recognise the will as it stood. My investigations as executor into our mother's bank statements indicated clearly that a lot of money had systematically been removed under suspicious circumstances by the use of 2 mysterious cash point cards. I asked for explanations from my two siblings and they have sought to avoid contact with me to the extent that they have retreated behind the cloak of yet another solicitor. I have frozen the estate until said explanations are forthcoming but the main opposing sibling is now on the point of appointing a litigation lawyer; my solicitor has said that she may have the aim of forcing me out and taking over the role of sole executor.

I don't know how she will do that, or how easy or difficult it would be - I've heard that it could be very expensive. Not sure if this will help CleverClogs - perhaps someone here may be able to accomplish both in one foul swoop .....:beagle:

Grateful for any information here. I will also be posting again soon on my earlier thread on Freezing an Estate as developments have occurred.