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I am one of the joint executors on the will. I Forget the correct term without looking it up, but we can each act independently without the need for dual signatures.
The other executor, when they had capacity, did not want any active part in executing the will (there was absolutely no conflict they just weren’t interested in administrative things).
It has been almost 10 years since the person passed away, and a couple of pecuniary beneficiaries have not been traced, so the joint bank account of the executors still exists and is open.
Although the will was not contested by other family members, there have been a lot of issues (they held up probate for some time with caveats back to back, basically just trying to make things as difficult as possible).
The other executor now lacks capacity, and on the same day that this was announced, I received a missed phone call from one of the siblings of the untraced pecuniary beneficiaries. I did not return the call because other peoples inheritances and nothing to do with this person, and this person is also previously said that they don’t know where the untraced beneficiaries are. However, I know the call was made to just harass me.
My question is what is the proper procedure (if any) to follow now that the other executor lacks capacity.
The other executor has an LPA in place, and I have contacted the attorneys, but they are not interested and have not replied.
do I have to formally go through the courts and pay to have the other executor removed? (This seems extreme, bearing in mind the amount of unclaimed inheritance, for those two pecuniary beneficiaries amounts to £100 in total!)
The other executor, when they had capacity, did not want any active part in executing the will (there was absolutely no conflict they just weren’t interested in administrative things).
It has been almost 10 years since the person passed away, and a couple of pecuniary beneficiaries have not been traced, so the joint bank account of the executors still exists and is open.
Although the will was not contested by other family members, there have been a lot of issues (they held up probate for some time with caveats back to back, basically just trying to make things as difficult as possible).
The other executor now lacks capacity, and on the same day that this was announced, I received a missed phone call from one of the siblings of the untraced pecuniary beneficiaries. I did not return the call because other peoples inheritances and nothing to do with this person, and this person is also previously said that they don’t know where the untraced beneficiaries are. However, I know the call was made to just harass me.
My question is what is the proper procedure (if any) to follow now that the other executor lacks capacity.
The other executor has an LPA in place, and I have contacted the attorneys, but they are not interested and have not replied.
do I have to formally go through the courts and pay to have the other executor removed? (This seems extreme, bearing in mind the amount of unclaimed inheritance, for those two pecuniary beneficiaries amounts to £100 in total!)
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