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Executor no longer in position to carry on after starting duties

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  • Executor no longer in position to carry on after starting duties

    I was appointed executor of my father's estate. I was supposed to have a co-executor but she resigned. Although uncertain that I could manage the duties, I felt obliged to take them on. I was then critically ill and it left me with ongoing health issues, not at all helped by many months of COVID lockdown on my own, also making it extremely difficult to clear the house for sale, etc. Unfortunately, I have "intermeddled", but I am really struggling to complete the process, many months have passed since the death and I am getting increasing amounts of pressure from the benfeciaries (but no help, even from my sisters).

    It is not as simple as getting a solicitor involved to complete the work, as I have been unable to manage dealing with a solicitor (I broke down in the offices of one I tried to get involved). Is there any way out for me?
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  • #2
    As you have realised, once you have started it is difficult to resign from your position as executor.

    However it is not impossible if there is a compelling reason e.g. ill health.
    You will need a court order allowing you to resign and an order appointing a replacement.
    The replacement executor needs the approval of the beneficiaries , but if not acceptable, the court generally appoints a solicitor.

    I suggest you find a solicitor who specialises in probate to help you through the process if your health problems are deemed sufficiently serious to impinge on your ability to carry out your executor duties

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    • #3
      Sorry to hear you are no longer able to deal with the Estate. As advised above, a Solicitor will be able to act on your behalf, and deal with all the beneficiaries/responsibilities that entails.

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