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Buachaill, Barrister
Category: Law
Satisfied Customers: 10982
Experience:  Barrister 17 years experience
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I have found out, following the death of my father, that he

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I have found out, following the death of my father, that he has a new will in which the solicitor drafting is the executor. This will is apparently very similar to his previous will where the executors were two of his three sons. We, the sons, were happy and capable of dealing with the will.
Is there anything we can do to remove the solicitors as executors, given that they will not voluntarily renounce?
1. Dear *****, you can bring an application to remove the solicitor from acting as executor. In law, this will be granted because, as with any trust, and a will is a statutory trust, the beneficiaries can join together and remove the trustees at any point in time. Additionally, as the solicitor executor will be charging for his services in administering the will, there is the additional expense for having this solicitor act as executor. This is good grounds for having the solicitor removed. So you should seek to have the solicitor removed to avoid the expense associated with him. You can bring this application yourself or you can hire another solicitor to bring such an application for you. The application would be made in the name of the estate of the deceased and would be served on the solicitor. Be aware that a court can at any time remove an executor.
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Customer: replied 2 years ago.
Does this require all the beneficiaries?
Who does the application need to go to? For example, which court, and is there a standard format?
3. A court has a discretion to grant an application to remove an executor. So, it does not matter that all beneficiaries do not consent. However, the important point is your application will certainly be granted if all beneficiaries are on board and support the application. Secondly, normally this type of application would be made in the County Court. You can consult the rules of the County Court in the Appendix for a sample form for application. There is a book, known as the Green Book which is a guide to County Court procedure which contains precedents for making the application. I would advise you get a copy of this book if you wish to make the application yourself, as it will help you.
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