Financial Advisor Who Is Joint Executor of Will Not Responding

[Lucky4Seven]

Can I please ask for some advice. My mum died in July last year. The executors for her will lie with my brother, and her financial advisor. Grant of Probate was received by my brother a few weeks ago, the financial advisor had notification via email. My brother has been trying to get hold of this person since probate came in. His office has been claiming he's been off sick, however there is things on his Facebook to suggest otherwise, and he ignore my private message asking him to get in touch with my brother. We are both very concerned as he is the only person who knows where my mum's money is, and he's clearly avoiding contact. Any advice as I am very worried.

[Law Student 2]

Hi, sorry to hear about the situation and my condolences.

As a last resort you can make an application to the court to remove an executor if they have become uncontactable. This should be after reasonable attempts to contact them. However, this can be a very long process and hinder the probate even further.

Before considering proceeding with the removal of an executor, if you were really considering it, you should contact, in writing, the executor telling them that you are thinking of doing so and explain why this is (because you are unable to contact them and wish to proceed with the probate).*
This will give them another chance to proceed with the probate and help your case in court if you do wish to go through with removal as it will show evidence you have kept them up to date with the situation.*

Generally, you would have to prove that proper administration of the estate is being adversely affected by the actions (or here omissions) of the executor.*

Hope this helps!*

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