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If you are heir on a will and you feel the appointed executor

is not to be trusted...
If you are heir on a will and you feel the appointed executor is not to be trusted can you enforce the appointment of an independent third party to be the Grant of Representation to oversea the financial elements that position entails.
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Answered in 6 hours by:
1/25/2010
Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7,626
Experience: BA (Hons), PgDip, Practising Solicitor
Verified

HelloCustomer

 

Thank you for your email.

 

In the first instance you should write to the executor to ask them to provide you with an account of the administration of the estate. If you are not satisified by what you received in reply then you the beneficiary (ie. the heir) may apply to the Court to remove the executor and replace him.

 

The Courts require serious misbehaviour to be proved to remove an executor and one of the following:-

- The Executor is incapable of fullfilling their duties

- The Executor is unsuitable for the position.

- The Executor has been convicted of a crime and sent to jail

 

Unsuitability would include stealing from the estate, a failure to keep accounting records, failing to obey a Court Order and wasting the estate of managing it poorly.

 

I hope this helps if so please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 

 

Tom

 

 

Thomas
Thomas, Lawyer
Category: UK Law
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Experience: BA (Hons), PgDip, Practising Solicitor
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