Why do the beneficiaries want to remove the executor?
What is the executor doing wrong or what is the executor not doing?
Is the executor a solicitor?
What kind of communications is the administrator executor ignoring?
If we can have the background it would be useful please. Thanks.
I can see the anomaly in the will.
Firstly, you are going to need a certified translation because the court will not accept anything other than a court approved translation. Because this is been admitted to probate, I assume you have that.
I am not convinced however your argument would stand up.
If the colon had been replaced with the word “and” then you would be absolutely correct.
I think you have a claim against whoever drafted the will in negligence.
If this went to court (talking about the interpretation of the will, not removal of the executor) I think it could go either way. I think a lot would depend on what relationship the deceased had with the nephews and nieces and whether they were close and how close he was to the Lade family. Clearly, he was close to the family because he names them but doesn’t name the nephews and nieces.
Moving on to the point about removal of the executor, I don’t think this is a matter for removal of the executor, I think this is a matter for the determination of the interpretation of the well by the court.
It is only a conflict of interest if the executor is one of the beneficiaries.
You asked about removal of executors and I can do no better than let you have these two articles which explain the complexities in the process. It is not for the fainthearted. if the action fails, it could be expensive.
however I would emphasise again, that to my mind, it is not a case of removing the executor, the case of contesting the will. It is a different application altogether.
The potential beneficiaries contesting the will need to be aware that if their claim fails, they could face legal costs running into tens of thousands of pounds so they may want to try to see they can get a solicitor to do this on a no win no fee basis because then, the solicitor may be able to obtain after the event insurance that would pay the legal costs if the claim was not successful.
At this early stage, might I also suggest that the claimant’s instruct Chancery Counsel (a barrister) to get an opinion on the likely chance of success. That opinion will be central to whether any after the event insurance is obtained. Counsel’s advice on this would probably cost between £600 and £800 plus VAT and before proceeding any further, that would be the first thing that I would do.
Can I clarify anything for you?
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As it has been admitted to probate, the translation is probably of less concern than it would have otherwise been. So I probably wouldn’t bother getting another copy.
If the executor is one of the Lades then there is a conflict of interest because he will want the maximum amount of cash for himself to the exclusion of the nephews and nieces.
On a semantic point, the wording you gave, when translated, only refers to nephews and not nieces. I don’t know whether there are any nieces because on a strict interpretation, (if the wording you gave is correct) would exclude nieces.
The conflict of interest would make the court look at the application to remove the executor more favourably. In these circumstances, if I was advising the executor, I would advise the executor to pass the reins over to a mutually acceptable firm of solicitors. However if the executor has already done any work on the estate at all, even a tiny amount, he is then deemed to have “inter-meddled” and even if he agrees (which he would be well advised to do) it’s going to need a court application anyway.
If he doesn’t defend the application, you are probably talking about a couple of thousand pounds of legal costs. If he defends the application, it could easily run into tens of thousands although you would normally recover those costs from him personally if the application was successful.
As I said earlier, in my opinion, the application to remove the executor is the wrong application, it’s an application to determine the interpretation of the will.
There does not have to be a specific name and terms such as wife, husband, children, son, daughter, nephews, nieces are used regularly provided the class of person is easily defined. So it would depend on whether there is any issue over whether any of the nephews are nieces are actually such. Provided they are just children of siblings of the deceased, there is no problem. Incidentally, adopted children and illegitimate children are treated in exactly the same way as natural children.