Executor being unreasonable

[Adam2209]

My family member passed away over a year ago. Probate and the administration of the estate has been handled by a solicitor. There were two executors named in the Will. Both also family members and beneficiaries of the estate.

One of the executors has done all that was asked of him. The other has been awkward and unreasonable from the outset. Attempting to change the terms of the Will as he felt the distribution of assets was unfair. His demands were refused and the administration of the estate has been completed.

The final accounts have now been issued. In a final act of defiance the awkward executor is refusing to approve and sign the final account in order for the residual estate to be distributed. He is ignoring all contact from the solicitor.

What can be done to move this matter forward? This has been a horrible process from beginning to end and all beneficiaries want to move on but this executor is continuing to cause problems as a result of not getting his own way.

Thank you for any advice.

[Sam101]

I would have thought that any qualified solicitor would know the course of action to take. Otherwise he should not be expecting to be paid. Both executors would have given their authority for the solicitor to act

I believe that an application can be made to remove an executor if just cause is established, which I believe should be possible with the information you have given.

However, in view of the fact that the solicitor has already reached the final stage, he should be able to complete matters to the satisfaction of the Law/

Perhaps others would offer their opinion?

[Adam2209]

Thank you for replying.

The awkward executor is in a favourable position compared to other beneficiaries. He has already been given his inheritance in the form of a property. Hence him not being compelled to sign the final accounts to allow the other beneficiaries to receive inheritance of cash.

I expect it to end up being an application to court. I would hope the costs associated with this route would be attributable to him.

[des8]

Applying to remove an executor can be an expensive business.
A first step is for a beneficiary to apply for an order that the executor supplies an inventory and account.
Generally the receipt of a court summons is enough for the information to be supplied

[Sam101]

So, the solicitor, acting i this matter has already distributed the property? Even before the final accounting. I would have thought that the final accounting needs to be agreed by the beneficiaries BEFORE distribution? Anyone else think likewise?

[des8]

Beneficiaries are entitled to see the accounts relating to their legacy.
Residuary beneficiaries are entitled to see the full accounts and inventory.
There is no legal requirement for the beneficiaries to approve or agree the accounts, although it is prudent to keep them informed

[Adam2209]

Yes, the property was distributed prior to the final accounts. An interim set of accounts was approved.

It is only the residual estate which consists of cash only that is still to be distributed. This is where the awkward executor seems to hold all the cards and can happily prevent it from being distributed to beneficiaries simply by ignoring the final accounts.