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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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my aunt has justed passed away and now i find that a solictor

Customer Question

my aunt has justed passed away and now i find that a solictor has been named in the will as excuter she was also known to my aunt as a friend can i get her to reanouce
Submitted: 5 years ago.
Category: Family Law
Expert:  James Mather replied 5 years ago.
Why do you want her to renounce?
Customer: replied 5 years ago.

because there is alot of value and she was also a friend of my aunts and has access to the property and also she has informed me that i as a close family member have no say in the furneral or am not allowed in her property

Expert:  James Mather replied 5 years ago.

On what basis have you made a complaint?

Will she renounce?

Has she done any work on the estate already?

Customer: replied 5 years ago.

to her boss not sure but she has a key to the property

Expert:  James Mather replied 5 years ago.

I need to know what you complained about.

Are you a beneficiary in the will?

Customer: replied 5 years ago.

not sure

Expert:  James Mather replied 5 years ago.

Meanwhile, I can tell you that you have very little chance of getting the solicitor to renounce voluntarily if she does not want to. A court action to remove her on the basis that you can do it cheaply yourself is likely to fail because clearly, it was your aunt’s intention for the solicitor to deal with the estate.

If you are mentioned in the will is a beneficiary, then this supports that point of view even more on the basis that you had not been forgotten, but she simply did not want you or anyone else dealing with the administration of her affairs.

In addition if she has already done some work on the estate then she has “intermeddled” and she cannot renounce even if she wants to without a court order.

You have no cause for complaint simply because she wont renounce and you want her to

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