Question About Changing Executor Of Will.

[ladybirder]

Sorry to say my SiL has just died. She and my brother made a Joint Will in which they appointed their Solicitor as Executor. He now wants to execute the Will himself. Can he do this and if so how does he go about it?
Has anyone any experience of this? Thank you.

[ubasses]

If the solicitor agrees to relinquish his Executorship, he will sign a reunciation.

[woofgang]

I am not sure what you mean but you can't make a joint will.

[Bazile]

His solicitor won't agree I don't think , because he wouldn't be able to make any charges

[Hymie]

Perhaps ladybirder means mirror Wills.

I’m not sure you can change the executor of a Will without the appointed executor agreeing – which is unlikely in this instance since the solicitor will be quids-in for the work.

[ladybirder]

Sorry everyone please ignore this question. My brother has just found a later Will so this question no longer arises. Thank you for the answers.

[Mamyalynne]

Sorry to hear the news LB.

[ubasses]

I did assume that Ladybirder meant mirror Wills. I got used to customers coming in to ask for a joint will meaning Mirror Wills when questioned. If they refuse, a Caveat can be lodged with the Court, but don't know what sort of fees would then be involved.

[emmie]

also sorry to hear your news LB,

[ladybirder]

//Joint wills and mutual wills
Description
Description Joint wills and mutual wills are closely related terms used in the law of wills to describe two types of testamentary writing that may be executed by a married couple to ensure that their property is disposed of identically. \\

Thank you Mamya and Em. She died this morning. My brother and their two adopted children are in bits. She was over 80 and had not had a good quality of life for quite a while. The doctors were managing her OK until Covid reared its ugly head. My brother is now wondering if he's got Covid as well as he has visited her since she got it:-(

[gness]

I see LB no longer needs an answer but for anyone else who may do.
Yes, you can get a solicitor to relinquish executorship.

I did because all the information the solicitor needed for probate to be granted would come from me. I could do that myself without paying her a large sum to repeat my information.

After much discussion she reluctantly agreed to apply for a letter of renunciation for me to include in my probate application. I did this but probate wasn't granted as the solicitor had made mistakes. I had been charged £50 for this.

After another discussion with the slightly red faced solicitor she provided another letter and refunded me the £50.

It's not trivial and you need to be stubborn, but it can be done.

[gness]

I'm sorry for your loss, LB. I hope your brother hasn't contracted the virus. Bloody awful times...x

[Bobbisox1]

really sorry for you loss LB

[ladybirder]

Just as a matter of interest gness, that was in England was it?
Thank you and Em for condolences.

[ubasses]

Sorry to read that LB, has your brother managed to get a test?

[ladybirder]

Ubasses she only died just before lunchtime and he's in such a state of shock he hasn't even thought about that. He's too busy sorting a Death Certificate out, phoning family, deciding on funeral etc. I never even thought to mention a test to him. He says he's been asked to go to the hospital tomorrow to collect her clothesandalso collect the DC?? Now I'm wondering if he is he allowed to do all this. He's in Wales so no idea.

[gness]

It was in England, LB. 2008 and you have to be very firm.

[gness]

An aside. My mother died in a home from Covid. When my brother was asked to collect her clothes he said he'd rather not and could they just be destroyed please.

[ubasses]

Sorry, I didn't realise it was so recent, it would probably be a good idea to ring the hospital to check with them whether they will allow him to go without a negative test. If they say no, could one of the children go on his behalf?
I am surprised he has to collect the D C, when my Mum died in October , it was sent directly to the Registrar, I then had a telephone appointment to complete formalities after completing an on line form. The Registrar then sent paperwork to both the Crem and the Funeral Director.

[woofgang]

LB I am sorry for your loss, hadn't realised when I posted earlier that it was so recent. I did a quick search and found that people in Wales can go out to access public services and also to meet legal obligations which registering a death is so I think he's ok to go.
"When can I leave home?

You should only be outside of your home for very limited reasons, which include:

the need to obtain supplies and services for you or your household, for example food, medicine, and essential household maintenance. We encourage everyone to make this as infrequently as possible
to exercise, alone with members of your household or support bubble or with one person from another household. We encourage this to be done locally.
to access childcare and education
to access medical services
to access public services
to provide or access emergency assistance
to deposit and withdraw money from a bank or similar establishment
to provide care for or to help a vulnerable person; this includes getting food or medicines for them
to help the NHS by donating blood
for work purposes, or voluntary or charitable purposes, but only where it is not reasonably practicable to do this from home
to visit a cemetery, burial ground or garden of remembrance to pay your respects
to attend a place of worship
to attend a wedding, civil partnership or funeral if you are invited
to attend court or meet other legal obligations, or to vote
to escape a risk of illness or injury, such as for victims or people at risk of domestic abuse
to access services provided to victims of crime or domestic abuse or those at imminent risk of becoming victims
https://gov.wales/alert-level-4-frequently-asked-questions#section-58318

[ladybirder]

It's the hospital that asked him to collect her clothes Ubasses. They know he's been sitting with his wife. Will the clothes be contaminated? The children are over a 100 miles away so they can't collect.