Executor refusing to budge on probate

G

Grendel

Registered User
Messages
19
My husband's father passed away in January of this year after a short illness. The family house was left to the 5 brothers, including my husband. There are 2 executors and 1 of them (let's call him David) is acting very stubbornly and we're not sure what game he is playing. They had a family solicitor but he has since decided to part ways with the family, mainly due to David's constant demands via email and phone. He was suspicious of underhand tactics and how my father in law was cared for before he died. He demanded to see all accounts, bank statements, bills, etc. Now the other executor has sought their own solicitor to try and keep things moving along.

Now, David has just gone silent, even though he has received everything he requested, even though he's received a letter from the other solicitor asking him to get his own solicitor to sign off on the probate. He won't answer any emails or calls, so nobody knows what's going on. My husband is suspicious of his actions and thinks that he doesn't want to sell the house and is deliberately stalling things.

Can they proceed to get him removed as executor? Is there any easy way to do this? Or would this need to go to the high court to get him to continue with probate OR removed as executor?
 
Last edited:
I was just following up on this query as unfortunately probate still hasn't been signed and the brother still is refusing to budge.
A solicitor friend of the family mentioned a "succession act", but not exactly sure what this means?

Also, can my husband, as beneficiary, submit a claim that if the house devalues (which is very likely in current climate) he'll be entitled to the difference in value to be paid by the executor?
 
The concept of the Executor’s Year means that any proceedings against an executor in the first year post-mortem are a waste of time, money and goodwill.
In Ireland, there is also a concept known as the Executor’s Year. This gives the executor 12 months to distribute the estate, starting from the date of the testator’s death. After this, the executor’s actions can be challenged in court.
Click to expand...
 
Either of the executors can take out the grant of probate in their own name and ignore the other. The other gets noted as reserved on the grant. So the "good" guy could proceed in this way.
 
Yes, it sounds as if your brother in law who is also the executor, has a solicitor doing the probate work, is the person to progress the probate. He can keep David advised every step of the way but he should just keep going.

Once probate has been granted and the beneficiaries paid, then your husband can decide the next steps but there are a lot of buts, so it may not be worth his while. Already there are two sets of solicitor fees.
 
You must log in or register to reply here.
Back
Top