solicitor is correct that six weeks after death is too soon to make a court
application to remove the executor. In any event, it cannot be done by the
current solicitors because that is a conflict of interest and you would be
faced personally with finding another firm of solicitors. Some details of the
process are here, but it is most certainly not a do it yourself job. Here is
some reading for you http://www.wrighthassall.co.uk/articles/2010/04/13/removing-and-substituting-executors/
the ex-wife has a claim or not depends on a whole variety of factors such as
whether she was dependent on him and indeed, whether they were still legally
married. There are strict timescales for contesting probate and administration
of an estate.
there is no reason why the current solicitor cannot write to the executor,
saying that give the current executor does not deal with the necessary
paperwork, there is a possibility that you (the other executor) would make an
application to court to have this one removed and replaced and he would be
liable for the court costs and in that letter, urge him to reply to any enquiries in a timely
Wills and estate admin can be contested on various grounds
If a person doesn't provide for dependents, children incl adopted children of
all ages and a spouse (but not step children unless they have been treated as
the deceased's own childeren) in a will it can contested by making a claim under the THE INHERITANCE (PROVISION
FOR FAMILY AND DEPENDANTS) ACT 1975.
Details are here
Undue influence if it is thought that the person making the will had been "got
at" when drafting the will.
Or if, when drafting the will the person lacked mental capacity/didn't know
what he/she was doing
There are strict time limits
for contesting will under 1 above of 6 months from death.
Claims under 2 or 3 above 12
Claims under 4, no time limit.
Promissory Estoppell. This is a
technical legal doctrine not used very often. It says that if anyone has been
promised something during the lifetime of a person and they relied on that promise to their
detriment then they are entitled
to have whatever was promised. The classic case is indeed the young man on the
farm, who is told by the old man "don't go off to seek your fortune son, but
stick with me and work on the farm and I will leave it to you when I die,".
So the young man doesn't go off
to seek his fortune and stays and works on the farm and it turns out that when
the old man dies he leaves everything in his estate to the prize cow, Daisy or
his new girlfriend, who is 30 years younger than he is. In that case, the young
man having given up a future (to his detriment) on the basis that one day (he
was promised) the farm would be his and he believed it and relied on it, he can
get a court order that the farm is transferred to him. Such claims are not
cheap or quick to bring in do require a large burden of proof of the promise
and reliance to detriment.
Anyone can get a copy of a will
once it has been admitted to probate from HM probate registry, upon the payment
of five pounds.
Anyone can also hold up the granting of probate by entering a caveat at the
probate registry. At least, they will then find out if there is a will. The
entering of a caveat will certainly wake up any executors. Some explanatory
details are here;
there is no will the estate is distributed under terms of the rules of
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