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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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What happens if a professional solicitor acting as executor

Customer Question

What happens if a professional solicitor acting as executor decides to resign after grant of probate because one of four children who are equal beneficiaries is making unreasonable claims, questioning the executors professionalism and says he has no confidence in him. The other beneficiaries are perfectly happy with him. The solicitor is the firm of one of the beneficiaries and is being threatened with being reportedl to the SRA - there appear to be no real grounds for reporting the firm but dealing with this process is I believe time consuming. Hence the suggestion that the solicitor will resign. Issue is what happens next.?
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.
What are the grounds?
Customer: replied 4 years ago.

Sorry for slow response


Establishing the grounds is very complex as is the whole story. The plaintiff is in my view mentally ill and has a history of mental illness. She has written thousands of emails with irrational arguments and made many attacks on various parties. I think any complaint would eventually be dismissed but not before enormous cost and time-wasting.


There was a complaint last year which was rebutted and the complaint was not followed through after the plaintiff was invited to attend a meeting to discuss her complaints.


The latest complaint relates to the probate process and is simply an argument that the Executor is unprofessional and biased. What is happening is the complainant is trying to force the executor to pay legal expenses for previous legal advice given to the complainant by another lawyer. she is also trying to change the terms of a generous care package offered to her for looking after our mother. The Executor could not agree these payments without being sure the other beneficiaries will not object. The legal costs will be resisted because the plaintiff was seeking advice for her own benefit and to attack third parties against the wishes of the rest of the family. lastly the complainant was to buy our mother's house from the Executor and is trying to force this through while being allowed to stay in the house by the Executor.


In short The executor plans to seek the support and confidence of all the beneficiaries or offer to resign.


My question really is what happens next?


Seems to me he may still be pursued by my sister and we then presumably we have to find another executor with potentially yet more wrangling and greatly increased cost.


Can the Executor resign? what is the process for replacing him and with whom?

Expert:  James Mather replied 4 years ago.

What do all the other beneficiraies want to happen?

How many are there in favour and how many against?

Customer: replied 4 years ago.

there are four beneficiaries.


three brothers want things settled quickly cheaply and amicably. One of the three is under attack as the former executor of our father's will and he held power of attorney over our mother's affairs. He has resigned as executor of our mothers estate and has left it to his fellow solicitor.


The plaintiff, our sister, has been to the SRA once about her brother and his firm, is threatening to do it again.


She wants her claim paid in full and to buy the house. We are willing to have her claim paid in full provided she pays a fair price for the house, stops attacking her brother and his firm, agrees a fair split of the chattels and allows us access to our mother's house - which she has denied. unless there is an agreement the executor should i think ask her to leave the house prior to sale.


Expert:  James Mather replied 4 years ago.

You can actually seek increased costs from this "malignant" beneficiary.

What is in the will that is the issue? What is her claim?

Does she have a solicitor?

Customer: replied 4 years ago.
Nothing in the will is the issue. She is claiming about 24000 against the estate as a creditor of which 15000 is reasonable. She believes the executor is witholding information about the probate valuation on the house and just saying she has no faith in the executor. She is communicating through a solicitor.
Expert:  James Mather replied 4 years ago.

I am offline now until tomorrow.

Is she dealing through solicitors or complaining through SRA?

Customer: replied 4 years ago.

She has not yet gone to the SRA for a second time. She is dealing through a solicitor. Please could you answer my questions about what happens if the executor resigns?