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CoExecutor enforcing the Will via Court?

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  • CoExecutor enforcing the Will via Court?

    Hi I hope someone can help with either advice or their own previous experience.

    In a nutshell: 4 sibling executors who are also equal beneficiaries of the Will. Two refusing to distribute the Will according to its terms until a financial adjustment is made to redress a perceived imbalance that occurred several years ago. The accompanying Letter of Wishes is non-specific and I have agreed to discuss adjustments after distribution. I understand the LOW has no legal standing. The other executors are settling in for the long haul. It is coming up to 3 years since date of death.

    My specific questions:
    Can I apply to Court myself without incurring cost of a solicitor and all the preamble letter writing that they will propose.
    Are the 2 errant executors liable for court costs as they do not have a valid legal argument for non-distribution.

    Thanks in advance.
    Tags: None

  • #2
    Hi
    Welcome to LB
    As more than 2 years have passed since the date of death it is too late to make a deed of variation to the will
    Please read the article "How to Remove an Executor of a Will" at www.clodes-solicitors.com
    You should use a solicitor to write to the "errant" executors warning them of the consequences if they fail to carry out their executor duties
    If this letter fails, a court application can be made to the Court to remove the executors under S.50 of the Administration of Justice Act 1985. Alternatively an application can be made for a court order that the executors are passed over pursuant to S.116 of the Senior Courts Act 1985
    Executors are entitled to have the costs of initial legal advice met from the estate
    It is also too late for the "errant" executors to make a legal challenge against the will as more than 6 months has passed since the grant of probate. They would not be claiming that the will is invalid
    Last edited by Pezza54; 14th September 2024, 11:09:AM.

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    • #3
      I should also have said that if the executors chose to defend a court application to remove them, they will not be entitled to receive estate funds to pay their legal costs

      It does seem that by taking so long to act and obstructing the estate administration process, the "errant" executors have severely weakened any claim they may have had
      Last edited by Pezza54; 14th September 2024, 11:15:AM.

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