Should an Executor step down if making a claim against the Estate?

[RJ55]

Hello, we are in a Will dispute with a family member who is a beneficiary, executor and trustee of the estate. He is making a claim against the estate as "beneficiary". In the past we have asked him to consider renouncing as an executor (due to conflict of interest) but he refused. However, as he has now sent us a Letter Before Action, do we have the right to address this again? If so, is there a specific route we should take, such as reach out to the Probate Registry for advice/instruction?
There are four other Executors in addition to him.

Thanks so much for any advice on this.

[atticus]

What does he say in the letter before action? What does he want? What is your response?

Is this actually a continuation of your previous threads? Sticking to one thread avoids posters asking questions the answers to which are to be found elsewhere.

[RJ55]

Thanks for explaining. I'll stick to one thread moving forward

The claimant wants to probate an earlier Will (they stand to receive more in this one) and he needs our agreement to invalidate the last Will. If we don't agree to this (which we don't) then he is threatening to pursue a resolution through the court.

[atticus]

Which executor appointment do you think he should step down from, and why?

[RJ55]

No specific appointment, just his primary duty as an executor (to act impartially and in the best interests of the estate and its beneficiaries). I have read that when an executor has a claim against the estate, this creates a conflict between their role as an impartial administrator and their personal interests as a claimant.

[atticus]

It seems to me that his claim as described by you is not a claim against the estate. Rather, it is to determine according to which Will the estate is to be distributed.

[RJ55]

Correct

[RJ55]

Apologies if I am confusing matters. It's the Will that is in question - not the estate.

In this scenario (where he is threatening to serve a court order to declare the last Will invalid), is it appropriate that he continues to be an executor?

Thank you

[atticus]

I can see that possibility if his challenge fails, and the Will that he contests stands. But I cannot see it in relation to the earlier Will if his claim succeeds

[RJ55]

Yes, that makes sense Atticus. It is worth noting that they are not named as an executor in the earlier Will. THANK YOU