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With a determined mind and a limited budget, how feasible is it to remove Executors?

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  • With a determined mind and a limited budget, how feasible is it to remove Executors?

    The Executors are not administering the Will, other than making a claim for the funeral expenses, do they have to?

    No probate has been applied for and neither does it seem that there is any intention of doing so. I am looking to simply get them removed. I would then be able to find out what's gone on (I would have the authority that institutions insist that I need - even though I have been given written authority by one of them already, but it is not accepted), get access to medical records, social care records etc

    I see that there are several very useful guides on this site, do they cover this scenario?
    Tags: None

  • #2
    Issue a citation to take out a grant or get out of the way so someone else can.

    Non Contentious Probate Rules, rule 47:

    https://www.legislation.gov.uk/uksi/...ight%20thereto.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      Originally posted by atticus View Post
      Issue a citation to take out a grant or get out of the way so someone else can.

      Non Contentious Probate Rules, rule 47:

      https://www.legislation.gov.uk/uksi/...ight%20thereto.
      Thanks, I'll take a look, however,

      Neither Executors would be willing to step away, I am considering have it imposed on them and probably not tell them in advance - I'm looking at giving the Court the correspondence and evail the Court of the facts. My actions come off the back of some recent disclosure, that suggests that they were in serious breach of their LPA duties, that reach the criminal threshold - not my view, but of the lawyer advising them.

      Comment


      • #4
        For a contentious application, would I best to seek formal legal advice to make the claim (only)? Does the claim need to be served on the Executors? Where is the best place to find a solicitor who could prepare such a claim? And would the costs be chargable to the estate, because the claim would be made to progress the proper process of dealing with the Will?

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        • #5
          1. yes
          2. yes
          3. find a solicitor who is a member of the Society of Trust and Estate Practitioners (STEP)
          4. Possibly, but not a certainty.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment

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