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I need some advice please. I am a police officer in

Customer Question
I need some advice...

I need some advice please. I am a police officer in London..i sasly lost my aunt in 2015..just pruor to her death..her husband went on the run for serious offences .. he was tracked down some 16 months later..and is currently in jail. I tracked my aunts will down to a firm..but her husband is named as executor..because he is in jail..i want him removed..can you help me please? Kibd regards Caron

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

April 2015.. Merseyside

Lawyer's Assistant: What action has been taken so far? What's your ideal outcome?

I am aware due to him being in prison..he is unable to act as excutor..id like him removed so my aunts will can be read..i have photos of her in tgeir house id like

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I cant think of anything else but thank you..

Submitted: 10 months ago.Category: UK Law
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Customer reply replied 10 months ago
Apparently this question has been closed?
Answered in 1 day by:
10/3/2017
Solicitor: JimLawyer, Solicitor replied 10 months ago
JimLawyer
JimLawyer, Solicitor
Category: UK Law
Satisfied Customers: 808
Experience: Senior Associate Solicitor
Verified

Hello, you can apply to the Court under Section 50 of the Administration of Justice Act 1985 to appoint someone else as executor. You would need to apply to the High Court (where probate was granted) and use a Part 8 claim form. The application must be made pursuant to Civil Procedure Rules 57.13 which you would need to quote on the claim form particulars. If proceedings regarding an inheritance dispute have already begun, then such an application is made by application notice (form N244 - found on the court service website). However, if there are no proceedings, then a part 8 claim needs to be made along with the fee (you can find out the fee by telephoning the court). The application must then be supported by the following:

  1. A certified sealed copy of the grant of probate or letters of administration (you can certify it at a local solicitor's office)
  2. A witness statement setting out the reasons why the removal or substitution of the executor is sought (referring to his disqualification, incapacity or unsuitability as per above - in this case imprisonment), particulars of the deceased’s assets and liabilities, those who are in possession of documents relating to the estate, names of beneficiaries and details of their interest and the proposed individual to substitute the executor.
  3. Unless the proposed executor is the official solicitor, his signed or sealed consent to act.
  4. A witness statement of the proposed executor’s fitness to act in such capacity, if he is an individual.

Hopefully this has helped answer your question. Please click accept if you are happy. Many thanks!

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