Possible to DIY executor removal? Failing to fulfil duties and mishandling finances

[posy57]

Hey everyone,

I'm dealing with a complex situation regarding an estate and could really use some advice. In this estate, there are two executors, who are also beneficiaries. Alongside them, there are four other beneficiaries. We're facing two main issues:

1. Problematic Executor: One of the executors, who is also a beneficiary, has been problematic. They've been living in the deceased's house rent-free for over two years and have incurred a CCJ for unpaid council tax and was using the deceaseds credit cards and did not cancel them. This executor has been uncooperative in selling or distributing the estate, which has been in limbo since the probate was finalised in January 2023. They've also significantly undervalued the estate.

2. Stressed Executor: The other executor, also a beneficiary, is finding the situation too stressful and wants to step down.

We're trying to figure out the best way to handle this. Five out of the six beneficiaries (including myself) are on the same page about removing the troublesome executor. We know it has to go to court for it to happen. Having sought legal advice it seems we have to try get both executors removed, one has said they will willingly step down. As this situation would leave no executor, one of the other beneficiaries is willing to take over the role, but we're not sure about whether this is possible.

We have spoken to a few solicitors and have been quoted £24k-£38k, which feels too risky when we don’t know the state of the estate finances and whether costs would be

My questions are:

• Has anyone been in a similar situation where you had to remove one executor and replace another? How did you manage it?
• Can a beneficiary step in to become an executor, or do we need to appoint a solicitor for this role?
• Is our only option to appoint a solicitor to deal with the case or if we have sufficient evidence can we do this ourselves?

Thanks in advance for your insights.

[Pezza54]

Sorry to hear you are having problems with one errant executor

I haven't had any personal experience with problem executors so I can only provide my own advice. Other forum users may disagree with me (quite often happens) or may add their own advice

The executor who wants to step down can sign a Deed of Renunciation provided he or she hasn't intermeddled in the estate.

A relative beneficiary can be put forward to the court to become a replacement beneficiary.

Removing an executor who is failing in their duties is not a straight forward process in court, so I would advise employing the services of a contentious probate solicitor. If you win the case in court you should be awarded your legal costs, to be paid by the defendant. The failing executor, as a beneficiary, may lose most if not all of their inheritance

The solicitors' prices you have received sound a bit rich. Probably the worst case scenario. jmw.co.uk state about £15k

You should ask solicitors to provide a breakdown of their prices. The executor might decide to fulfill their executor duties promptly after a solicitor's warning letter about court action and the possible financial consequences.

In the worst case, you may need a court order to evict the beneficiary if they refuse to vacate the property

[Neet Lurker]

From my own personal experience of having a problematic Executor administer an Estate and the discussions I had with a solicitor relating to it, I don't think a court would hesitate to remove the Executor in this particular case (and it wouldn't cost anything like £24k in order to have them removed by a court - a court hearing where no one needs to actually attend, the solicitor presents the evidence and they act upon it)

[Pezza54]

A solicitor's warning letter might do the trick. The cost of this letter can be paid from the estate

[Pezza54]

Sorry just realised the original thread was started in March

[Cfay]

Hi we are in same situation how is it going ? Any advice please ? .

[Mal161]

I have a similar situation where my Aunt of 95 died earlier this year and appointed her daughters and myself as executors. Unfortunately the older daughter died in 2022 and shortly before her terminal cancer death, the younger daughter took her mother to a solicitors for a new Will to be make that excluded the dying daughter and her issue from the Will and made the younger daughter the sole beneficiary of the estate other than a few legacies. My Aunt told me about this but asked me not to discuss it with her younger daughter, saying that she had promised to ensure that the older daughters children would inherit just like the previous Will but was doing this to simplify the administration when she died. I did not discuss this with the younger daughter as requested and just hoped that the change was above board. Now it appears that following her mother's death she has been trying to claim the estate for herself.
We have had great problems as I also found that the younger daughter, living nearby, had power of attorney and has been encashing investments of her mother's and moving them to her own accounts and not keeping any records of her mothers financial matters at all. My pressure on her initially persuaded her to consider an undertaking to make the inheritance payment to the grandchildren and having prepared such undertaking, the younger daughter then suggested a DOV before Probate so the the transfer would not come from her but from her mother. I prepared the appropriate DOV but now she is refusing to sign it.
I had hoped that with the DOV, I could overlook the dishonesty in stealing money, with the beneficiaries approval, and allow Probate to be applied for, and still hope that this can be done. She is presently seeking advice from a solicitor and I can only hope that IF she tells a true story, the solicitor will advise her to move ahead with the DOV. Very difficult and sad time for my family and the beneficiaries living abroad. Any thoughts may be helpful?

[Pezza54]

IMO the granddaughters excluded from the latest will should consult a contentious probate solicitor about making a claim under the Inheritance Act 1975
They should act quickly as there is a limited time to make a claim after probate
It sounds as if her surviving daughter convinced her mother that the will would be complex when her eldest daughter passes and matters regarding beneficiaries would be simplified with a new will. This was not true.
Regarding the POA, the same solicitor may be prepared to investigate the attorney's actions before the mother died and write to the daughter requesting a copy of the accounts. Hopefully the solicitor will advise whether any of the money taken from the mother's bank account that the attorney is unable to justify, can be recovered

[Mal161]

Thank you for your thoughts, but solicitors action from abroad may be complex and in any event, as an executor, I am preventing Probate from proceeding, so the daughter, as the other executor, cannot move forward until I agree.
The "Accounts" are a complete farce and do not exist as such. I have managed to obtain some bank statement of my Aunt, but she had savings accounts that have been closed and there is an admission that money was moved to the daughters accounts, but not for any sound reason or with any permission.
I do hope that the solicitors she is seeking advice from will give sound advice, but records show he is a paralegal with only a short time in the practice,

[Mal161]

I am still waiting for the results of the other executors guidance sought from a local solicitors, but there is a strong possibility that I may need to apply to the court to have that executor removed. Whilst I feel reasonable confident in presenting a case to a court hearing, but is this allowed. or do the Probate courts only hear from solicitors or barristers?
Another point, in reading other forum submissions and relating to solicitors costs, can such legal costs be covered by insurance in these type of cases. A recent professional negligence case of my wife's injury in hospital resulted in no further action by her solicitors, but the costs over 3 years were covered by an insurance policy. The no win no fee syndrome is somewhat a farce as the legal profession seem to always cover their costs even when they eventually decide not to move further forward.

[Mal161]

Does anyone have any comment that may help please.
Solicitors of the other executor have sent letters suggesting that I am at fault in not moving to Probate and they want me to resign so that they can take over the Probate application. There were continual discussions with the other executor to obtain bank statements and account for money taken from her mothers finance before she went to the solicitor for help and we discussed a deed of variation before probate to ensure that her sisters inheritance was paid to the children, which she suggested jut as she promised to my Aunt when she persuaded her to change her Will and make her the only beneficiary.

As soon as I saw this I explained to my Aunt that her dying daughter's children may not get their inheritance, she told me that her daughter (Ex 1) clearly said the change was only to make it easier for her to manage the estate when she died and that the children of her sister would get their inheritance just as the previous Will and asked me not to discuss it with her daughter, who had POA to manage her finance and health. After my Aunt died, I wanted the daughter to sign an undertaking to pay the children, but she preferred a DOV to secure that but now she will not go ahead and has gone to the solicitor who said the Will is correct.
I feel that I must now apply to the Court to mediate and have her removed as executor and get the original beneficiaries to challenge the Will if she wont sign the DOV. Very sad for the family.