Money withdrawn after death

[xdes56]

Try to keep this short and succinct.

Mother died leaving a will, 2 executors/beneficiaries who do not get on. One after death withdraw a large some of money from the Mothers bank account without the knowledge of the other Executor.A year later still not returned, Solicitor dealing with the matter appears to have done nothing to get it returned despite continued chasing. What are my options?
Cannot change Solicitor.
Appreciate any constructive advice.

[atticus]

Set off the withdrawal against any further payment due to the person in question?

[xdes56]

Thank you, but they are refusing to agree probate therefore there will be no money to compensate.

[Pezza54]

Are you the other executor and beneficiary?
Who appointed the solicitor?
Do you know what the dispute between executors is about?

[xdes56]

No not the other Executor but a close friend, worried about her and she is finding things so stressful. Dispute over allegations which the Solicitor has investigated and found totally unjustified and false. Solicitor was agreed by both as they held Will. Solicitor has advised only way forward to remove Executors but seems very reluctant to take action.
My friend does not have a lot of savings so she is totally reliant on this Solicitor to sort.

[Pezza54]

The solicitor may be reluctant to take court action to remove the named executors because they realise this is an expensive business.. The solicitor would have to be appointed by a beneficiary to instigate court action.
A beneficiary could speak to the solicitor about serving the named executors with a citation, which is a formal notice to direct the named executors to take the grant of probate or renounce their executor duties. If the executors fail to respond the Court can direct that the grant should be issued to the next of kin or beneficiary.
The Non-Contentious Probate Rules 1987 govern the procedure for issuing a citation.

[atticus]

Has Probate been obtained? The reference to removing an executor suggests that it has. If so, the citation procedure is not available.

[Pezza54]

When I read "refusing to agree probate" in post 3 I assumed that the named executors hadn't applied for the grant. I am probably wrong.

[atticus]

I am always telling my students to check their assumptions!

[xdes56]

No Probate has not been applied for by the Solicitor because other Executor/beneficiary will not agree. As stated Solicitor has advised the only way forward to get probate is to remove the other E/B, but despite continued promises has done nothing. Solicitor has never mentoined a Citation.
I do really appreciate all your advice and the time you have taken to respond.
She is a really dear friend and I hate to see her health affected by this, if need be I am prepared to step in and help her financially to get this sorted. What would be your advice to bring this matter to an end.

[atticus]

Your friend can 'cite' the other person named as executor to join her in applying for probate or to renounce the right to do so. Alternatively, she can renounce that right herself - but will the other person then proceed?

Removing an executor does not apply when probate has not been applied for and granted.

Maybe your friend needs to find a better solicitor. Perhaps one who is STEP accredited (Society of Trust and Probate Practitioners) and not one who at best dabbles.