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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9339
Experience:  I have been practising for 30 years.
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My late wifes son is her exectutor she passed away two and a

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my late wifes son is her exectutor she passed away two and a half years ago he has not carried out my wifes wishes and is trying to keep a house belonging tovmy eife at the cexpense of people who will benefit .is their a time limit on how long one can keep the will without carrying out the deceased wishes
Submitted: 11 months ago.
Category: Law
Customer: replied 11 months ago.
i am not named in the will i am only doing this to force the exectutor to carry out my wifes wishes
Expert:  F E Smith replied 11 months ago.

Are you contesting not being named in the will or not? Are you happy with that?

There is no fixed timescale within which a property must be sold but the executor must act in the best interest of the beneficiaries.

You have no standing in this because you are not a beneficiary and it would be the beneficiaries who have to do take action against the executor for failing to act in their best interest and comply with the terms of the will.

Removing and replacing an executor is not an easy job. There are some notes on it here.

http://stjohnschambers.co.uk/dashboard/wp-content/uploads/2013/10/Removal-of-executors-practice-and-procedure.pdf

and

http://clients.squareeye.net/uploads/3sb/events/011210_weale.pdf

A letter from a solicitor threatening court action to remove the executor and having replaced and to get court costs awarded against him, may make him do what he is supposed to do.

Unless the beneficiaries have experience of this, they would be as well instructing solicitors to make the application to court if needed.

Can I clarify anything further for you?

Please rate the service positive. It doesn’t cost you anything but helps me greatly.

We can still exchange emails.

Best wishes.

FES

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