Joint executors - 1 executor not co-operating anymore

[patfish]

Scenario: Brother dies intestate and 2 executors are nominated to represent the all 8 siblings/beneficiaries.

All goes well for a while but after 2 years with a final form to sign to get probate, one executor has stated that they're seeking legal advice and refuse to sign till after this is sought. He informs the solicitors that are handling the estate of this. The other executor asks the (same) estate solicitor for advice on how to proceed. The estate solicitor says they must get consent of both to proceed and cannot advise stating that both executors require independent advice, basically washing their hands and saying not our remit.

Obviously this has the potential to blow up but I would have thought that the co-operating exec could at least be advised by the estate solicitor in his capacity ? There are 2 assets to be sold and cannot proceed till probate is got.

I should point out that the brother is regarded as being UK domiciled and is being dealt with in the UK. There is a tax liability outstanding and interest owing since 6 months of death.

 

[kalooki]

In Ireland. if you die intestate you don't have executors, someone needs to become an "administrator", and that person is appointed by the High Court. Has the ‘grant of representation’ been issued yet? (the thing that permits the administrator to collect and distribute assets) It seems from your post that this hasn't happened, which means the two of you really have no legal standing (yet).

Edit: just read that it's a UK issue. The answer you seek depends on whether its Scotland OR England/Wales, which have separate laws. I'd suggest anything other than an Irish personal finance forum.

 

[Peanuts20]

Based on my experience in Ireland, the estate solicitor is correct in what he is doing but without understanding more about what the core issue is, it's hard to give further advice.

 

[mathepac]

The answer you seek depends on whether its Scotland OR England/Wales, which have separate laws

or Northern Ireland, which may vary again from what we have in Ireland.

Seek legal advice / representation from lawyers who are experts in the jurisdiction where the disponer is domiciled.

This unfortunate case highlights yet again the issue with having multiple executors / persona; representatives. Avoid this scenario at all costs, because ultimately it may well cost a lot.