Which of two executors has priority

[bcogavin]

My dad has died recently. In his will he names his solicitor and my mother as executors. My mother who is elderly wants me to do all the administration and avoid the costs associated with solicitors. The details of the finances are in my mother's hands and there is nothing complicated in the will so probate should be easy to obtain. The only documents which are in the hands of the solicitor are the title deeds to the family home and the will.

I have a number of questions:
Which of the executors has priority?
Can the solicitor act without consulting my mother?
Can my mother formally ask me to administer the estate?

 

[truthseeker]

My dad has died recently. In his will he names his solicitor and my mother as executors. My mother who is elderly wants me to do all the administration and avoid the costs associated with solicitors. The details of the finances are in my mother's hands and there is nothing complicated in the will so probate should be easy to obtain. The only documents which are in the hands of the solicitor are the title deeds to the family home and the will.

I have a number of questions:
Which of the executors has priority?
Can the solicitor act without consulting my mother?
Can my mother formally ask me to administer the estate?

I only have an answer to your last question, yes, your mother can 'renounce her executorship', ask your solicitor for details.

 

[mf1]

This is my understanding.

Neither has priority. Both should apply unless one or both renounces.

You could ask the solicitor to renounce their entitlement to extract the Grant. Your father did make the will however and he did appoint the solicitor. The solicitor does not have to renounce and it is unlikely a Court would remove them.

If there is no charging clause in the will ( unlikely) then the solicitor could not charge.

If the other executor renounces, your mother could then extract the Grant with you effectively doing everything.

Your mother is not the Testator and it is not within her power to ask you to administer the estate. However, if she renounces and the other executor renounces, then if you are mentioned in the will as a residuary legatee, you could apply for Grant of Administration Will annexed.

mf