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Clare, Solicitor
Category: Law
Satisfied Customers: 34888
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My estranged mother died six months ago. Before she died she

Customer Question

My estranged mother died six months ago. Before she died she made a local solicitor her executor and legal next of kin. The solicitors are now refusing to execute the will, which I'm sure would contain a modest amount of cash but no other assets. If the will doesn't get executed, what happens next?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.

1. Essentially, you need to cite the executor or get the executor to renounce their right to take out probate to the will. Then once the executor has renounced the executorship, someone else, such as yourself, needs to take out letters of administration to the estate so that the will can be administered. Just because an executor will not act, this does not mean that the estate simply cannot be administered.

Expert:  Buachaill replied 1 year ago.

2. You can then simply administer the will in accordance with its terms and divide the cash amongst whoever is supposed to benefit. There is no reason to not administer the estate merely because the solicitors will not act.

Expert:  Buachaill replied 1 year ago.

3. Please Rate the answer as unless you Rate the answer your Expert will receive no payment for answering your question.

Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first.

Which part of the UK are you in and who is due to inherit under the terms of the Will

Have the solicitors confirmed why they do not wish to act?

Have they done anything at all with reagrd to the Estate (this is an important point)