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Coexecutor has a Debt Relief Order

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  • Coexecutor has a Debt Relief Order

    My wife is in the process of applying for probate over her late stepfather's estate. She is named coexecutor along with her stepsister in the Will. We have just discovered that the stepsister is the subject of a Debt Relief Order, expiring this August.

    This is obviously a concern, as she expects to have to open a joint bank account with the stepsister to distribute the proceeds, although this will be after August. She's unsure how easily the stepsister will be able to open a new bank account with the DRO history, and is uncomfortable thereby creating a 'credit agency link' with such a person. Plus there are concerns of creditors appearing if the stepsister suddenly has a joint account with large balance from the estate. What we have learned of this otherwise distant stepsister is that she always has and always will (she says) keep changing address. Perhaps to escape creditors?

    Could the stepsister be blocked from applying for probate if she does not wish to revoke if asked? How would you all feel about carrying out probate with this person?
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  • #2
    There is an informative article titled "What an executor can and cannot do" at gnlaw.co.uk
    The stepsister can still become executor but your wife should try to put her off by explaining the executor's legal duties
    If the stepsister insists she wants to be executor your wife should make sure the executors joint bank account requires both signatures to operate

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