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1. The first thing I would advise you to do is to get a copy of the will, if you haven't already done so. You can get a copy of the will, if it has been admitted to probate, which it was on 15th May. Get a copy from the District Probate Registry in Leeds which contains copies of all wills from all of the UK. You can get the order form online and send it off. This will tell you what is the true contents of the will and whether what this woman says is correct.
2. The second step is to prepare an application to remove this woman as executor. An executor has a period of grace, known as an "executor's year" within which the will has to be administered and the proceeds paid out to the beneficiaries. An executor can however, be removed at any time for cause shown. An example of cause shown would be if the executor is living in an asset of the estate, as is happening here. So, you should consider getting a solicitor to issue an application to remove this woman as executor.
3. As part of the application to remove this woman as executor, someone else can be appointed in her place. This new person can then administer the will and divide out the estate amongst the beneficiaries.
4. Please Rate the answer, Christine, as unless you Rate the answer your Expert will receive no payment for answering your question.
5. Dear *****tine, there is no need to send me a copy of the will. However, by reading it, you will find out whether this executor has the right to live in the house "until she dies" or not. Unless the will expressly gives her this right, she has no entitlement to do so. Accordingly, she can be removed as executor immediately for cause shown.
6. The best approach here is to make an application to have the executor removed on the basis she is intermeddling in the estate by living in the deceased's house. Essentially, she is not allowed to live there. It makes no difference if the nephew is getting a mortgage. Additionally, she is not allowed to spend money on renovating the house either. So, the sooner you see a solicitor to remove her as executor the better. Otherwise things will simply get worse and you won't be able to get her out of the house.
7. If you want to ask any further questions, you can come back in on this thread and you will simply be asked to accept a Further Service, after you have set out the further question you have. IN that way, the previous chat is there to be looked at to refresh my knowledge on it. It will be similar cost. You should Rate the answer now. That will finish the thread for the moment but you can come back to it later when matters progress.