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Max Lowry
Max Lowry, Advocate
Category: UK Law
Satisfied Customers: 1404
Experience:  LLB, 10 years post qualification experience
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Is it possible to remove an executor from a Will in the UK

Resolved Question:

Is it possible to remove an executor from a Will in the UK
Submitted: 1 year ago.
Category: UK Law
Expert:  Max Lowry replied 1 year ago.
Hi, welcome to Just Answer. I will help you with your question.

On what basis do you want to do this please?

Expert:  Max Lowry replied 1 year ago.
Let me tell you that there are only two bases on which to remove an executor. Generally, these are his capability to perform his duties, and secondly, that there is some misconduct of some type - such as stealing from the estate.

If either of these apply then yes, an application can be made to the court for the removal or substitution of the executor. You have to remember that the executor was chosen by the person making the will and the courts are slow to interfere with a persons choice like this.

Please rate the answer as highly as you can please.
Max
Customer: replied 1 year ago.

The beneficiary in question has appointed a solicitor who is asking for a copy of the probate - not a problem although I think they could have got this themselves as it is in the public domain I believe?


 


All the assets of the Estate are included on the probate as they have to be to satisfy IR. No inheritance tax applied. Probate was granted by IR.


 


At the time the probate value of the property was much higher than could be achieved as a sale price and this continues to remain the situation. Unfortunately it was just at the time of a dip in UK prices.


 


His father inherited the 1/3 share in the property from his wife. There was difference in the property price of when he received this from his wife and the probate value at his death. I understand this might attract capital gains tax?


 


The other main factor is that the other 2 co owners of the property have to agree a the sale price and thus far that hasn't been possible as all offers have been too low for them to consider - not unreasonably either.


 


I don't think this constitutes misconduct?


 


Certainly he hasn't stolen from the estate.

Expert:  Max Lowry replied 1 year ago.
No I don't think there is any obvious misconduct here from what you have said.
Customer: replied 1 year ago.

Thank you.


 


Should my husband provide all the beneficiaries with a copy of the probate, not just this one beneficiary?


 


Also, the solicitor of this particular beneficiary has advised them to make an Application to the Supreme Court to have him removed as executor unless my husband responds within 7 days. They want the estate accounts which will take more than 7 days to prepare.

Expert:  Max Lowry replied 1 year ago.
Not replying with estate accounts in 7 days isn't misconduct.

Applications would be made to the High Court not the Supreme Court.

It''s probably beat to provide a copy of the probate although as you say it is a public document and they could get it themselves.

Max
Customer: replied 1 year ago.

Thank you Max.


 


The solicitor quoted Supreme Court in their letter so that seems to have been an error on their part.


 


Yes I thought they could get a copy of the Probate themselves.


 


Thanks again.

Expert:  Max Lowry replied 1 year ago.
Good luck with sorting this. The only reason it would end up in the Supreme Court is after many years of legal wrangling appealing on points of law!

Please rate the answer as highly as you can.

Max
Max Lowry, Advocate
Category: UK Law
Satisfied Customers: 1404
Experience: LLB, 10 years post qualification experience
Max Lowry and 3 other UK Law Specialists are ready to help you

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