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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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If there are 3 named executors to a Will, can one of them go

Customer Question

If there are 3 named executors to a Will, can one of them go ahead and request probate without the agreement/co-operation of the other two? There is a situation where one of the executors (the chief beneficiary of the estate) is trying to get the other two executors to renounce their executorship - "leave this to me - no need for you to be involved" etc etc. Not surprisingly they are not comfortable about this.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

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

Unless the other 2 Executors are willing to renounce their position as Executors, then the other Executor certainly can not force them to step down.

Likewise, once Probate has been granted, all decisions relating to the administration of the Estate have to be agreed by all 3 Executors collectively.

I hope this assists you and answers your question.

Kind Regards

AL

Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.

ForCustomer/p>

Clearly I didn't ask the right question - or at least put the question in a way to elicit the answer I need.

So -

Can the one executor request (and be granted) probate on his own, or does the request for probate need to be signed by all 3 executors?

Secondly, it is possible in this case that the deceased's debts might exceed the assets of the estate. If that turns out to be the case, do the executors risk being liable for those or any other debts?

Expert:  Aston Lawyer replied 2 years ago.

Hi John,

Thanks for your reply.

Probate can not be granted to say just the 1 Executor, unless the other 2 sign a form of renunciation (stating they do not wish to be Executors).

If it is an insolvent Estate, the Executors do not become personally liable for any debt that can not get repaid from the money held in the Estate. They would, however, have to make sure that apart from the priority debts (any Mortgages/tax/funeral costs), all the other creditors get an equal percentage of the amount owing to them.

I hope this helps.

Kind Regards

AL