Potential Executor on Antidepressants

[Telecom Man]

A friend, who is not PC savvy, has asked me to ask a question here. He is currently sole Executor to a relatives Estate. He is also one of only 2 beneficiaries. Though he states he's 'playing the game' in every way, his co beneficiary feels he is dragging his heels and may wish to contest his position. He is worried because is co beneficiary is heavily reliant on antidepressants (probably to the point of abusive use) Is there anything my friend could do to stop this attempt to oust him from his Executor-ship as he fears the out come regarding the correct management of the estate? Apparently, his co beneficiary takes on a very Cavalier and irrational attitude when dosed up on the anti-d's! I've told him the law states that any Executor must act in the appropriate way. As he says, he would prefer the situation not arising in the first place. He has a point... His co beneficiary was also named as co Executor but chose to not act but to reserve power. Probate has been granted 7 months ago. Does anyone have the answer?

[dzug2]

Well the co-executor has reserved power so will have to go back to the Probate court if he wants to become involved again. He can't just do it. Probate needs to be reissued. I would assume (but am not certain) that your friend would be able to make representations about the fitness of the co-executor if that happens.

Are there complications with the estate? Unless there's a difficult to sell property then 7 months since probate should surely be enough to wind things up.

[tonywiltshire]

If the executor with power reserve wishes to act he has to return to the probate service for a grant, but if the executors are unable to agree a judge may ultimately make decisions for them. I agree with d2, 7 months after probate the estate, unless it is particularly difficult, should have been dealt with.