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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10412
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Can a main beneficiery to a will sack an appointed executo

Resolved Question:

Can a main beneficiery to a will sack an appointed executor?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

and thanks Just Answer.

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

Could you please let me have a little more information-

Is it just the case that you are not gettingon with each other when deciding how to deal with the Estate?

How is the son not carrying out his Father's wishes?

Have you obtained Probate yet?

I look forward to hearing from you.

Kind Regards

AL

Expert:  Aston Lawyer replied 2 years ago.

Sorry Alan- the above should have been posted as an "Information request", not

Answer!

AL

Customer: replied 2 years ago.

Probate has been obtained. The will stipulated that person "a" could chose any item or items from the house that she wanted. This to happen within 3 months of his demise. Whilst person "a" was visiting the deceased in a care home she was asked by the son keys to the house and was not allowed to collect her own belonings which were there. She was not aware of the contents of the will nor was she allowed to chose any item from the contents that she desired. The deceased died on 25th November and the contents of the house have been cleared.

I have told the son that he is not carrying out his Father's wishes and his response is to "sack" me..Denying me of a last goodwill act friend.

Expert:  Aston Lawyer replied 2 years ago.

,

Thanks reply.

I am sorry to hear of the situation.

Sadly, although there is of course the law to protect beneficiaries and misdoings by an Executor, in practical terms, it is whether it is financially feasible to take action.

Executors are under a duty to carry out the wishes of the deceased and to comply with the legacies bequesthed in the Will.

If an Executor is acting dishonestly, the co-Executor can make an application to Court requesting that the other Executor be removed from his position. This is of course going to be an expensive job, and you would be personally liable costs if there were not sufficient funds in the Estate to fund the proceedings.

Likewise, an Executor who has acted dishonestly and taken items from the Estate which belong to another beneficiary can be called to account and return such items, if the co- Executor or beneficiary who has lost out takes Court action.

I'm sure you will probably agree the above actions are not practical in your circumstances.

Certainly, the son can not legally ask you to step down.

If I were you, I would instruct a local Wills Solicitor to write to the son setting out his wrongdoings, and possibly threatening Court action if he does not put right what he has done wrong. The mere threat of Court may make the son see sense and correct what he has done.

I am sorry I do not have a magical answer , but the above is probably all you can do in this sorry situation.

I hope I have assisted.

Kind Regards

AL

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10412
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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