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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Dear all, the second Executor of the Will (I am the first one)

Customer Question

Dear all, the second Executor of the Will (I am the first one) is acting without informing me about anything or in spite of my instructions, drumming up work for himself as he is a solicitor. I have evidence that he talked my late friend into being a second Executor of her Will without explaining any costs. How can I stop him acting this way ASAP? What is the fastest legal way to at least stop him temporarily in his tracks till we come to an agreement about how we proceed?
For example, he did not inform the bank about me and got a cheque from the bank into his account. Now I don't know how much money it is there exactly or how much he is going to pay himself at the end of his "services". I don't need his help in any way as I am capable of arranging all the paperwork myself and I informed him about it. I suggested he steps down, but he ignores my suggestion. The Estate is about £12,000. There will be no Probate, as the threshold in Lloyds bank is £25,000.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you
i am afraid that you cannot force him to step down
He does have to provide an Official letter confirming the estimated charges and you can ask him to do so as soon as possible.
he has not done anything inappropriate by calling for the money and placing it in his client's account
He will have to give you a full accounting at the end of the administration
Please ask if you need further details
Clare

Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.

If there are two executors to the Will and they visit the bank together, does bank require signature of both Executors on the paperwork to transfer the funds of the deceased to a Holding account? Many thanks.


 

Expert:  Clare replied 3 years ago.
Hi
If they attend together as Executors then yes.
However if the Solicitor writes from the firm and takes responsibility for the funds they can be released
Clare

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