Executor and Solicitors uncommunicative.

[sarge]

Hi thanks for the reply as always, I hear you about specialist advice, and I have arranged a law firm to do an assessment by phone on Wednesday. For now can you tell me if it is possible for the executor to transfer the executorship to someone else ? Either A) someone named on the will as a deputy (presume yes) or B) someone not named on the will (no idea yes or no) if the executor and deputy are too busy to undertake the executor's duties.

TIA Lee

[des8]

The executor(s) can step down (renounce) if he/they has/have not intermeddled in the estate.
If he/they renounce someone else such as a beneficiary will take over the duties and apply for probate.

The first named executor can step aside but have power reserved (which enables him obtain a grant of probate later)

Executor could also give a Power of Attorney to another person to act on their behalf. The executor can delegate his functions to the attorney e.g. appoint a solicitor to deal with the administration side on their behalf. The executor remains in control of the estate but obtaining the Grant of Probate, collecting in the assets, settling the debts and distributing the estate, etc is dealt with by the solicitor.

[twohoots]

OK thank you, you reply has quietened a lot of dissent from other members of the family. Even though being asked directly the executor is still being evasive, claims not to have thought about it and says that he probably never would ?????

Yes of course we must consider consulting specialist legal advice, but it seems the cost is prohibitve unless on a no win no fee basis, In any case our main decision is whether to involve them or not and they can hardly be expected to have an impartial opion about that. I personally just get ridiculously angry when they want to charge several hundred pounds to draft a letter which they already have a pro forma for and I could write equally well myself. It seems I am an an impossible cleft stick.

A solicitor just charged me £250 + VAT per hour plus an Admin charge of £30 plus VAT so I ended up with a bill for £650 just for writing a letter which I could have written myself and for reading through some correspondence I provided him with. The letter was not successful after all that.

[sarge]

twohoots, yes I suspect that in many probate cases the solicitors are just wanting to charge a large fee for Larke v Nugus requests, as they know that many of the enquiries wont lead to anything. Did you get a copy of the letter that they sent ?

[sarge]

DES8 as probate has been applied for, my understanding is that we are now on a 6 month deadline to be able to contest the will. However is it also a case of the earlier we contest the better ? Thanks as always

[des8]

There is no time limit if you wish to dispute the validity of the will, tho' sooner is better than later as difficulties arise once the assets have been distributed.

If you want to lodge a claim under the Inheritance (provision for Family and Dependants) Act 1975 there is a 6 month time limit in which to lodge a claim at court, but as you say earlier is better than later
It is an unwise executor who distributes assets before the expiration of 6 months as he could find himself personally liable for any short falls,

[twohoots]

twohoots, yes I suspect that in many probate cases the solicitors are just wanting to charge a large fee for Larke v Nugus requests, as they know that many of the enquiries wont lead to anything. Did you get a copy of the letter that they sent ?

He emailed me a copy but I more or less told him what to say so it was very easy money for him.

[sarge]

He emailed me a copy but I more or less told him what to say so it was very easy money for him.

Hi, thanks for your reply, would you mind attaching a copy of it (with personal details X'd out of course) so I can see the format of the letter and how much effort they have to put into it.

Thanks, Lee

[sarge]

Hi Des8, I'm stuck with this, I cannot get my brother the executor to talk properly about it. I cannot get lawyers to answer emails, if I contact them and organise a phone call assessment, they don't call back. If I do manage to make contact all they want to do is for me to provide them with details to make a Larke v Nugus application for details of the will, and to charge a ridiculous amount of money to do so. I cannot bring myself to pay such ridiculous fees. Is there any way out of this cleft stick other than suicide ?? For example is it possible for me to write my own Larke v Nugus request, and have any reasonable expectation that they will answer it ?

[sarge]

ummmmmm, not getting any responses any more, is this because of Christmas/New year, or that you feel there is nothing new to be said, or have I just outlived my welcome ?

[ostell]

So if probate has been applied for then you should be able to get a copy of the will.

[des8]

Apologies for delay, but I just missed your post

You can send your own Larke v Nugus letter, but there is no certainty you will get a response as it is a vehicle used by contentious solicitors.
The holding solicitor has a duty to keep his client's information confidential and normally it is only to another solicitor that such information will be released (and even then only after consultation with his insurers!)

If you proceed to litigation without having received a reply you could ask the Court to use their power to order a person with knowledge of a testamentary document to attend court for questioning (Senior Courts Act 1981, s.122).
There is also the possibility of obtaining an order for pre-action disclosure (CPR 31.16)

[sarge]

hi, thank you for your reply. The possibilities you describe may come in useful. However as of last weeken there have been developments in that my middle brother has been able to talk to the younger (non communicative executor) who now says that he has decided to split the property 3 ways between us. Of course now I worry that this is just a delaying tactic, and wonder if we should try to get him to commit to some kind of binding promise, because as things are he could just wait till 6 months have elapsed and then change his mind. Any thoughts on the situation now ?

Thank you as always.

[des8]

It is possible to obtain the court's permission outside of the 6 month time limit, or you & your other brother could consider lodging a claim before the 6 months have elapsed:

Pity that you obviously don't have 100% trust in your younger brother

[sarge]

thank you for your message.

yes it is a pity. I had absolute trust in him until he refused to speak to us about it for nearly 2 years. I still can't believe he has put us through 2 years of anxiety over it. I will never speak to him again whether he splits it fairly or not after this.

Do you know how the executor should be going about the process of transferring the house deeds into all 3 of our names ?

Thanks as always