How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
53108719
Type Your Law Question Here...
Buachaill is online now

Do I have the right to appoint a different solicitor as Executor

Resolved Question:

Do I have the right to appoint a different solicitor as Executor of my late father's Will.
My late father made his Will in 1991 with his then solicitor who has long passed on, his son took over the firm and became our family solicitor, he sold his interest in the firm and became a consultant for a period of time to the new firm. In my fathers Will it does state that his Executor is Mr A of A Firm but should the firm no longer exist as such upon his demise then the firm now in practice will be the Executors. This was done as at the time Mr A of the Firm was getting on in years and he knew his son would take over the firm.
However, we do understand that the firm who took over the practice are the Executors but my father's dying wish was for us to contact his own solicitor ( who has moved to another firm) to carry out his wishes and be the Executor of his will. We informed him and told him of my father's wish and he proceeded to ask his old firm to renounce the Executorship, he did not get an answer, he had meetings and corresponded by email but they finally said they would not renounce. My father died at the end of August last year, so far nothing has been done by this new firm, they have not even sent us their terms, we have received three emails from them, none relevant to the situation. We want to obide by our father's wish, is there anything we can do to do this. I would add that my father's solicitor has been our families solicitor for decades as was his father before him, we have trust and faith in him which sadly we cannot say the same of the new firm.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear *****a, who else is named as executor of your father's will? Normally there are two executors named. Who are the main beneficiaries of the will?
Customer: replied 1 year ago.
The Will states "I appoint the two most senior partners in date of appointment to partnership able and willing to act at the date of my death in the firm of ........ Or the firm which at that date has succeeded to or carries on its practice and I appoint the persons who take out the first grant of probate to be made in respect of it (not being a grant limited to settled land) as Executive and Trustees for the time being of this my Will are hereinafter called "my trustees" ,"
My sister and myself are the sole beneficiaries
Customer: replied 1 year ago.
The Will then goes on to state what the Trustees have to do regarding his estate.
All we want is for this firm, whom we have never had any contact with and no correspondence from regarding our father's estate, to renounce their Executorship. My father died one month after being diagnosed with Asbestosis, he was very clear as to whom should be his Executor, he wanted to put it in writing but died much sooner than expected.
Expert:  Buachaill replied 1 year ago.
2. Dear *****a, what I would advise you to do is for either yourself or your sister to take out letters of administration to the estate. In law, you have the right to do so if the executor does not seek to take out letters of administration. Get a solicitor who will act as solicitor to you administering the estate. Basically, this will then allow you to the estate without regard to this firm of solicitors who are failing to act. In law, the nominated executors would be putative trustees of the estate. However, where a trustee fails to act, someone else can be appointed in their place. Here the will is silent as to how the trustees should be replaced. However, as a will is a statutory trust, the powers given at law to appoint an administrator in place of a nominated executor (or trustee) supplement the powers to appoint trustees. So, as you are a person (as is your sister) who may take out letters of administration, you can act as administrator so long as you comply with the formalities required by law.
3. Be aware, Roberta, that you will find some lawyers of opinion that the first
Expert:  Buachaill replied 1 year ago.
3. Be aware, Roberta, that you will find some lawyers of opinion that the nominated executors must first renounce their right to act as executors before someone else may act. However, an executor merely has a right to act. There is nothing in the law which states that a nominated executor can unduly impede the administration of the estate. So, for this reason, I would advise you to simply go ahead and act, either yourself or your sister. As there are only two beneficiaries, yourself and your sister, you may join together at any stage to cure any defect in the administration of the estate. This includes both of you acting as executors. So this will subsequently cure any defect in law. For this reason, I would suggest you both act together as executors.
Expert:  Buachaill replied 1 year ago.
4. Please rate the answer as unless you Rate the answer your Expert will not receive payment for answering your Question.
Customer: replied 1 year ago.
Thank you, ***** ***** is extremely helpful.
Customer: replied 1 year ago.
Can you define formalities required by law.
Expert:  Buachaill replied 1 year ago.
5. There is a process whereby letters of administration to the estate are extracted in the Probate Registry. This is a formal legal process whereby you go along and seek to act as administrator of the estate. I would advise you to get a solicitor to assist you here if you are not familiar with the probate process. In every case where there is no nominated executor to a will or where there is no will, letters of administration have to be extracted. You simply carry out this process here and get the Grant of Probate necessary to administer the will.
Buachaill and other Law Specialists are ready to help you