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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12187
Experience:  30 years as a practising solicitor.
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JGM My mother recently died and when viewing her will we

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My mother recently died and when viewing her will we saw that the two named executors were my eldest brother and a local solicitor. My brother is deceased do I have to get the named solicitor to act on the family's behalf or can I ask my own solicitor to deal with the estate (Which is greater than £36,000). B
Thank you question.
You can ask your mother's solicitor to resign as executor. However that will mean that there are no executors at all and you will have to go to court to have yourself appointed as executor dative.
Confirmation is normally required estate above £36000 although some banks and insurance companies may release what they are holding on a signature having seen the death certificate. Most won't however unless the total estate is under £15,000.
On balance you may find that the expense of removing one solicitor as executor, having yourself appointed in his place and instructing another solicitor to wind up the estate may not be economic. It is also contrary to the wishes of your mother as stated in her will.
I hope this helps. Please leave a positive response so that I am credited time.
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