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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 5916
Experience:  Dual qualified Solicitor and Attorney
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Second opinion] I would like to speak to someone with

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second opinion] I would like to speak to someone with concerns I have about my father estate.It had taken two and a half years and things are still not done. The executor provides us very little contact or information of the ongoings and he employed a solicitor who was his friend to deal with the estate and it seems they are racking up outlandish fees and looks like they are trying to cash in on my fathers money really.As an expample my father owned several storage lockers. These lockers sold for £2500 each and the lawyer is charging fees of £800 to conduct the sale of each locker.I would like to speak to a professional who knows about the role of estate and executors and find out what I should do.
Customer: replied 7 months ago.
There are 3 executors of the estate. 2 of them aren’t really involved and the third is handling most of it
Hi thank you for your message, are you a beneficiary but not an executor?
Customer: replied 7 months ago.
i am a beneficiary

Hi thank you for your message, as a beneficiary you have a number of options:

inventory/account: The least expensive and, in theory, the quickest way to compel an executor to account for his activities is to apply for an order that he provide an inventory and account in respect of the administration. This can then be examined by the beneficiaries in order to assess the executor’s activities and whether any further action is required.

Section 50 Application: You can apply to the court for the executors to be removed or replaced under section 50 of the Administration of Justice Act 1985. You don’t need to prove wrongdoing or fault on the part of the executor – the court will generally replace an executor where, for example, relations between him and the beneficiaries have simply broken down to the extent that the estate cannot be properly administered as would seem to be the case here.

Judicial trustee: You can also apply to the court to appoint a judicial trustee to administer the estate, either together with the current executor or as a replacement.

Administration proceedings / order for sale: You can apply to the court for an order requiring an executor to do, or not to do, any particular act (such as selling assets). The court can then manage that process, either setting out the next steps for the executor or handing them over to another nominated person.

Whichever option you choose you will need a solicitor to do this for you. To find a solicitor to assist with this process and represent you at the hearing you can find a solicitor using the Law Society find a solicitor search option here: https://solicitors.lawsociety.org.uk. You can search by town or postcode to find one near you, as well as area of law in this case family law. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

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