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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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My father recently passed away and has left a will. The executors

Customer Question

My father recently passed away and has left a will. The executors and the trustees of his will is wife and myself. Due to the breakdown in the relationship between me and his wife, we are no longer in communication. I would like to fulfil my father wishes but without having contact with his wife. I was told by the solicitor where my father's will is held that I would have to made contact with his wife in order for the will to be released.
Would you be able to advise me as to how I could go about doing this, and also is there a time limit as to when a person dies and for the will to be inactive?
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.

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Could a third party not make contact?
Expert:  James Mather replied 4 years ago.

If the will is held by solicitors, they are most unlikely to release it to either of you without both of your consents.

In any event, if you are joint executors, you are both going to have to work apply for probate unless one of you renounces.

In cases like this, even if this went to court, the court would not favour one or the other.

I’m afraid that it is going to be virtually impossible for you both to act as executors if you don’t want contact with each other.

Might I suggest that you get a solicitor to write (or write yourself) suggesting that a solicitor takes over the administration of the estate of behalf of the pair of you and then, you never have to see or communicate with each other.

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