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Jo W
Jo W, Solicitor
Category: Law
Satisfied Customers: 94
Experience:  Expert
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I have recently lost my father in law & the executor is his

Customer Question

I have recently lost my father in law & the executor is his solicitor. His wished were that she deal with all his affairs. However a member of the family has offered to do the probate - is this possible as I assume the executor is the one that does this?
JA: What documents or supporting evidence do you have?
Customer: His will
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 17 days ago.
Category: Law
Expert:  Jo W replied 17 days ago.

Hello. My name is***** am a solicitor here to help you with your question. I will respond as soon as practicable which will be some time today.

Expert:  Jo W replied 17 days ago.

Hello

The usual action would be that the Executor (s) deal with the will after death.  However, it is possible to change this using the relevant process:

-  all of the beneficiaries agree that they do not want the appointed executor to act, they can request that the executor consent to being removed.  So all the beneficiaries could agree on a change of executor.  This all has to be done formally

The executor can resign from being the executor, this is best done at the very start. As long as you haven't started sorting out the estate you can resign as executor of a will using a renunciation of executor form. This is sometimes called a 'deed of renunciation'.

Essentially, you could change to this other relative with everyone's agreement and also the Executor being willing to step down.

I trust that this answers your question. If not, happy to answer further questions.