Completing an Executory

[Edislaw]

When my mother died - in Scotland - she left a will which appointed my sister sole executor. The whole process of dealing with my mother's estate has been fraught and most unsatisfactory. The final element in the settlement is the destination of family papers and photographs. The former have almost certainly gone forever but there still remains a substantial collection of family photographs currently in the possession of the executor. During the settlement period, some two years, all of the beneficiaries except me have said clearly that they have no interest in the family photographs. One of the beneficiaries has, however, said he does not with me or a third beneficiary to receive them. The result is that the executor has refused to release them despite having said she does not want them. The solicitor acting for the executor will shortly be submitting the final account for the approval of the beneficiaries.

I am minded to refuse to sign until the destination of the photographs is agreed, is this justified? If I do refuse is there any action the executor can take to be discharged?