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Hi,
can you tell me if there are two executors,can one executor remove the will from the solicitor without informing the other.I know of a case where this has happened.How should other executor proceed?
an executor can unilaterally move the probate work to another solicitor and proceed as if they were a sole executor". The newly-engaged solicitor will then keep the excluded executor informed formally in writing and take their views into account.
Thanks Marathon man and Marie, i'll clarify things further.
S.E called to solicitor shortly after deceased's death and collected will.When F.E enquired re 'will reading', which I know does not happen, he was told that all solicitors were checked and no will could be found but a really old will was located in deceased's house and lo and behold, there was only one executor,namely,S.E.
F.E knew one did exist as he had been given the name, address etc of solicitor in writing stating that there were two executors some years ago.
Also both executors are beneficiaries.
Marie,
If I read you correctly, SE, collected will from solicitor, subsequently claimed that no will exists (or was collected from the solicitor) but that an earlier will does exist. Is this correct?
Any will is negated by, among other things, a more recent will. If the SE got a more recent will from the solicitor, then THAT is THE will. So the earlier will that SE has is as useful as used tissue.
I suggest you go and see the solicitor and ask for a copy of the will. I don't know how solicitor's operate but I'd find it hard to believe that the solicitor doesn't have a copy or draft. That will have details of dates etc. The solicitor will be able to confirm that it existed and post-dates the will that SE has. One cannot get a legal document and deny then that it ever existed. If it comes to it, it may be SE's word against the solicitor - I reckon it's pretty clear whose word would be believed.
If push comes to shove, SE will have to produce the will removed from the solicitor.
BTW, I HATE bullying type behaviour and I would class this as a form of it! Good luck with the case!
Irrespective of whatever advice we give you here, I think you need to let the solicitor know the situation without delay.The solicitor told F.E that S.E had already collected will so S.E does not know that we know he has it.A far as he knows we think there is just will found in house.
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