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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10493
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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my uncle has just died and left his estate to my mother and

Customer Question

my uncle has just died and left his estate to my mother and another uncle. The estate is less than £15,000 and the executors are a debt management company who advised him to make the will. I have read through the internet and, given the value, this is unlikely to need to go to probate. Can we request that the executor is changed to a benefactor or my dad (unnamed on the will) instead of the company, since costs are going to be incurred unnecessarily? Also do we need to get their permission to act on my uncles behalf in contacting pensions, banks and any other organisation?

Thanks
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is Al and am happy to assist you with your enquiry.

As regards the debt management company relinquishing their position as Executors (officially called "renunciation"), this comes down to their decision.
Unfortunately, you can't force them to renounce, however, provided Probate is not required, they would normally agree to renounce PROVIDED their admin fee in preparing the necessary Deed of Renunciation is paid (normally approx. £200).

Until any renunciation takes place, they and only they have the right to contact the pension companies/banks etc. If they are not prepared to renounce, thy will wish to contact the banks etc themselves, as it will be them whom need to close the accounts. It is therefore highly unlikely that they will be willing for you to contact the organisations.

If I were you, I would make some discreet phone calls to the Bank etc to check if they will ask for Probate before closing the accounts, and if none of them do require Probate, you can then go back to the Debt company requesting that they renounce as none of the organisations would require Probate.

I hope this assists and answers your question.

Kind Regards
AL

Expert:  Aston Lawyer replied 3 years ago.

Hi Mark,

Can I be of any more assistance to you?

Kind Regards
AL