Two Executors and One with illness? Personal Probate

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SCOTTPLASMA

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Hello. Have received some invaluable advice to date from the forum. I expect a meeting date to be granted for a personal probate application very soon. There are two executors but since lodging all the paperwork one of the executors has become quite ill and it may be long term. The family do not want to pressure the executor into attending the personal probate meeting. The other executor the husband of the ill executor is available and can attend. We have been waiting for seven months and are eager to get the probate meeting. What are our options? Do we need to inform the probate office? Can one executor attend or do both have to attend the meeting ? Thanks in advance. C
 
If your paperwork is from both, then both, I suspect, need to attend. The husband of the ill executor has no standing.

I think you might need to amend and re-submit your paperwork - reserving the rights of the other named executor.

You might also consider withdrawing your application and appointing a solicitor to extract the Grant?

mf
 
I'm sure the OP will clarify matters but I read that there were two executors and one was ill but that the husband of the ill executor was available to attend.

mf
 
I would have thought the husband has no legal status in these meeting. Can an executor appoint a proxy?
 
SCOTTPLASMA said:
The other executor the husband of the ill executor is available and can attend.
Click to expand...

Clearly indicates that the 'other executor' is the husband of the 'ill executor'. It would be better if there was a comma after the word executor both times.

The verb in the sentence is singular "is". The subject of the sentence is "the other executive the husband".

I love the anonymity of AAM, my friends would laugh at me all day for being such a pedant. Hope I haven't made any mistakes myself.
 
There are two executors only one can attend. The other is sick.

Does the sick executor need to attend the personal probate meeting, for the meeting to proceed.

Now I get it.
 
Apologies for the confusion. The two executors are an aunt and uncle of my wife. One of the executors is now sick. She may not be able to attend. Any advice appreciated. Thanks C
 
I am sure it happens that executors pass away at this stage of proceedings, and the remaining executor can proceed after producing a death certificate. So a witnessed letter stating that the aunt is now unwell and needs to step down from being executor should suffice and allow the uncle to progress.

I know I witnessed a letter for a relative recently who did not take up the role of executor due to serious illness. But my relative did not start anything, just informed the solicitor that illness made their ability to perform any executor duties impossible. The solicitor sent a standard letter for signature and witnessing, so this was on file in case of a query or dispute.
 
An executor may renounce their rights for whatever reason under the Rules of the Superior Courts, Appendix Q, Form 18, which is probably what Clamball's relative did.
 
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