• Welcome to the LegalBeagles Consumer and Legal Forum. Please register to get the most out of the forum. Registration is free and only needs a username and email address.
  • LegalBeagles® is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

    Please do not post your full name, reference numbers or any identifiable details on the forum.

Heading for the Court of Probate

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Heading for the Court of Probate

    I have reached my limit with my co-executor and feel it is time to try and get her removed as an executor. She has broken just about every rule in the book as well as persisting in scurrilous allegations that I would like her to repeat in court so that I can refute them once and for all!

    Can I do it without involving our probate solicitor and spending estate assets?
    Tags: None

  • #2
    Hi Jesmar,
    I would be cautious in taking this step. The cost could be considerable. You have solicitors acting on behalf of the executors are they not advising you what should and shouldn't happen? I thought the issue was the other sister who isn't an executor, who has maybe influenced the co-executor?
    What has your co-executor actually done and what have the solicitors advised?
    Having executors removed may not be straightforward, you may also be removed, unlikely you would be left to deal. It would also be necessary to show that serious errors have been made. If the Court deals there will be significant additional costs in unravelling what has already happened.
    Can you let us know more detail on the issues to be able to provide further guidance. If the accountant is the main issue I believe this can be dealt with and fees renegotiated bearing in mind my comments on your other thread concerning their instruction (or lack of) following the death.
    I am a qualified solicitor and am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

    Comment


    • #3
      Originally posted by Peridot View Post
      Hi Jesmar,
      I would be cautious in taking this step. The cost could be considerable. You have solicitors acting on behalf of the executors are they not advising you what should and shouldn't happen? I thought the issue was the other sister who isn't an executor, who has maybe influenced the co-executor?
      What has your co-executor actually done and what have the solicitors advised?
      Having executors removed may not be straightforward, you may also be removed, unlikely you would be left to deal. It would also be necessary to show that serious errors have been made. If the Court deals there will be significant additional costs in unravelling what has already happened.
      Can you let us know more detail on the issues to be able to provide further guidance. If the accountant is the main issue I believe this can be dealt with and fees renegotiated bearing in mind my comments on your other thread concerning their instruction (or lack of) following the death.
      As I half suspected, our solicitor seems to have been compromised as well by my sister's double act, and is now refusing to give me copies of emails that I am entitled to as an executor. Tomorrow I intend to remind her of the data breach that she caused on the day she took over from the solicitor we originally instructed and the fact that she has been treating my other sister as an executor. Maybe she thinks I haven't heard of the Law Society!

      My sisters have been doing this for two years now repeatedly undermining the efforts of myself and my wife in looking after my mother before she died with a combination of defamation and malicious falsehood and continuing it with the accountant and solicitor. The problem is that they are very plausible and people are taken in but I never thought that they would be able to subvert the solicitor as well.

      If I start on the detail it will never end but the issue is totally the non-executor sister. I started keeping detailed email and other records after she falsely accused me of assault 2 years ago when I was staying at my mother's flat while my mother was in hospital. A criminal solicitor pal I consulted last Christmas told me that on the basis of evidence I had I would be justified in making a complaint of harassment. Another friend who is a custody officer told me that I would be wasting my time complaining to the police especially as 3 police forces would have to be involved.

      As far as unravelling what has happened, I have it all in a searchable temporal database that makes the job much easier so that might help with costs but in any case would it be an option for me to start a civil action for harassment or defamation etc rather than go through the Court of Probate?

      My wife and I have been subject to what amounts to domestic abuse for nearly two years now and we have really had enough so cost is not the issue.


      Comment


      • #4
        Hi again,
        Is your co-executor instructing the solicitors to do as the non exec sister is directing? They wouldn't necessarily be in the wrong by doing that, although it would probably be sensible to be cautious if when instructed by the executors the solicitor is aware one exec doesn't agree with another's proposed course of action.
        It would be difficult to extricate yourself as executor, as you have had dealings with some aspects of the estate. I would also suggest that in light of the family relationships and the issues you've been experiencing both before your mother passed and subsequently it may be sensible to try and get the estate finalised as soon as possible. Then at least you no longer need to have any dealing with your sister if you don't wish to. From the sounds of it there is a lot of historical things that do not help. In my opinion it is too late to try and pursue these from a couple of years ago. If the matter was not reported at the time I suspect you would struggle.
        I suspect the estate needs to be finalised and then all of you can move on and not have any contact again if that's what you wish.
        You may wish to get some face to face advice on options here although bear in mind while you are executor any action taken will invariably delay the estate being dealt with and therefore more time having to have some dealing with your siblings.
        I am a qualified solicitor and am happy to try and assist informally, where needed.

        Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

        If in doubt you should always seek professional face to face legal advice.

        Comment

        View our Terms and Conditions

        LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

        If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


        If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

        Announcement

        Collapse

        WILLS AND PROBATE HELP

        See more
        See less

        Court Claim ?

        Guides and Letters



        Search and Compare fixed fee legal services and find a solicitor near you.

        Find a Law Firm


        Loading...
        Working...
        X