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how can i get solicitor to release my deceased mothers will, when 3rd exec will not allow it yet they are abroad
my brother who lives abroad is the 3rd executor (my sister and I are the other 2), we want to go to probate for our late mothers estate, but the 3rd exec is with holding from writing to allow solicitor to release my mothers original will.
(i have asked another question about putting 3rd exec on notice for power reserved)
this time i would like to know how i can force the solicitor to release the will (and the house deeds to us)
(i have asked another question about putting 3rd exec on notice for power reserved)
this time i would like to know how i can force the solicitor to release the will (and the house deeds to us)
Answers
No reason why you can't, but it is a bit technical to get it right. There is prescribed wording (I think) for the affidivat and summons which you can probably get from the Probate Registry, otherwise you will need access to a professional text.
Try a local solicitor or counsel with direct access - it shouldn't be too expensive.
However, if you write to...
Try a local solicitor or counsel with direct access - it shouldn't be too expensive.
However, if you write to...
11:29 Thu 20th Oct 2011
guilt!
to be honest he didnt come back for the funeral has had no involvement in dealing with the estate, me thinks a) guilt, b) thinks as he is now head of the family (being the oldest - wth compes mentis) he should decide everything.
he just doesnt respond to any correspondence for days, he is 12+ hours ahead, making normal phone conversation with him limited
someone previsouly mentioned 'summons them at the Probate Registry to produce a testamentary document'
to be honest he didnt come back for the funeral has had no involvement in dealing with the estate, me thinks a) guilt, b) thinks as he is now head of the family (being the oldest - wth compes mentis) he should decide everything.
he just doesnt respond to any correspondence for days, he is 12+ hours ahead, making normal phone conversation with him limited
someone previsouly mentioned 'summons them at the Probate Registry to produce a testamentary document'
Working as an executor of an estate is about dealing with the affairs of the deceased in the way the will specified. So it isn't really about 'deciding anything' - it is about winding up the estate as the will specified - though many wills are written such the executors can decide the timing of disposal of assets.
If there are joint executors, one executor can't just adopt a head-in-the-sand approach and refuse to deal with the estate unless he/she can go it alone. This seems to be what you are saying.
I suggest you approach the Probate Office for advice - they must have seen this scenario before.
It is possible for an executor to be removed from office but it requires a Court Order and isn't to be done lightly.
Maybe this individual feels that the terms of the will are unfair if he is also a beneficiary? - however refusing for the whole of the estate to be administered because of this isn't going to solve anything.
If there are joint executors, one executor can't just adopt a head-in-the-sand approach and refuse to deal with the estate unless he/she can go it alone. This seems to be what you are saying.
I suggest you approach the Probate Office for advice - they must have seen this scenario before.
It is possible for an executor to be removed from office but it requires a Court Order and isn't to be done lightly.
Maybe this individual feels that the terms of the will are unfair if he is also a beneficiary? - however refusing for the whole of the estate to be administered because of this isn't going to solve anything.
I didn't think there was a requirement for ALL executors to request in concert for the original will held by a solicitor to be released.
And I certaintly don't remember this being an issue when I dealt with family affairs before.
The solicitor will want ID evidence of the person claiming the will, but on what basis is this solicitor refusing to release? - has he had a letter from the 3rd executor expressly asking him not to?
And I certaintly don't remember this being an issue when I dealt with family affairs before.
The solicitor will want ID evidence of the person claiming the will, but on what basis is this solicitor refusing to release? - has he had a letter from the 3rd executor expressly asking him not to?
during a phone conversation (admittedly with the solicitors secratary/pa) i was told that the 3rd exec would have to supply a letter (presumably for indemnity) before they released original will (and deeds to the house)
hold that thought - after several attempts i have had a voicemail suggesting a time to phone!
hold that thought - after several attempts i have had a voicemail suggesting a time to phone!
now spoken to solicitor and explained that my sister and i dont want to be represented, they are going to email my brother as they have said they could not act for him alone, but can for all 3 of us.
so back to square 1,
how do i force the solicitor to release the will, when we give 3d exec notice of going on option c 'power reserved'
so back to square 1,
how do i force the solicitor to release the will, when we give 3d exec notice of going on option c 'power reserved'
No reason why you can't, but it is a bit technical to get it right. There is prescribed wording (I think) for the affidivat and summons which you can probably get from the Probate Registry, otherwise you will need access to a professional text.
Try a local solicitor or counsel with direct access - it shouldn't be too expensive.
However, if you write to the solicitors beforehand and ask them to release the Will to the Probate Registry on notice to exec no 3, that might be a cheaper way of dealing with it. They don't have to do this, but might be worth asking.
Try a local solicitor or counsel with direct access - it shouldn't be too expensive.
However, if you write to the solicitors beforehand and ask them to release the Will to the Probate Registry on notice to exec no 3, that might be a cheaper way of dealing with it. They don't have to do this, but might be worth asking.
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