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Sorry for slow response
Establishing the grounds is very complex as is the whole story. The plaintiff is in my view mentally ill and has a history of mental illness. She has written thousands of emails with irrational arguments and made many attacks on various parties. I think any complaint would eventually be dismissed but not before enormous cost and time-wasting.
There was a complaint last year which was rebutted and the complaint was not followed through after the plaintiff was invited to attend a meeting to discuss her complaints.
The latest complaint relates to the probate process and is simply an argument that the Executor is unprofessional and biased. What is happening is the complainant is trying to force the executor to pay legal expenses for previous legal advice given to the complainant by another lawyer. she is also trying to change the terms of a generous care package offered to her for looking after our mother. The Executor could not agree these payments without being sure the other beneficiaries will not object. The legal costs will be resisted because the plaintiff was seeking advice for her own benefit and to attack third parties against the wishes of the rest of the family. lastly the complainant was to buy our mother's house from the Executor and is trying to force this through while being allowed to stay in the house by the Executor.
In short The executor plans to seek the support and confidence of all the beneficiaries or offer to resign.
My question really is what happens next?
Seems to me he may still be pursued by my sister and we then presumably we have to find another executor with potentially yet more wrangling and greatly increased cost.
Can the Executor resign? what is the process for replacing him and with whom?
What do all the other beneficiraies want to happen?
How many are there in favour and how many against?
there are four beneficiaries.
three brothers want things settled quickly cheaply and amicably. One of the three is under attack as the former executor of our father's will and he held power of attorney over our mother's affairs. He has resigned as executor of our mothers estate and has left it to his fellow solicitor.
The plaintiff, our sister, has been to the SRA once about her brother and his firm, is threatening to do it again.
She wants her claim paid in full and to buy the house. We are willing to have her claim paid in full provided she pays a fair price for the house, stops attacking her brother and his firm, agrees a fair split of the chattels and allows us access to our mother's house - which she has denied. unless there is an agreement the executor should i think ask her to leave the house prior to sale.
You can actually seek increased costs from this "malignant" beneficiary.
What is in the will that is the issue? What is her claim?
Does she have a solicitor?
I am offline now until tomorrow.
Is she dealing through solicitors or complaining through SRA?
She has not yet gone to the SRA for a second time. She is dealing through a solicitor. Please could you answer my questions about what happens if the executor resigns?