Will Stored At Trustee Office

[Kazal]

My brother died suddenly 3 weeks ago, I found an unsigned copy of his will that said that I was an executor along with a firm of trustees who hold the bound signed will for which I do not have a contact number. I have contacted the firm of will writers who drew up th will on two occasions, the first time they said they would inform the trustees who would get in touch, and as they didn't (it was over the Xmas period) I contacted them again and he told me to send the Death Certificate to the Trustees asap and he would instruct them to get in touch.That was over a week ago and they have not got in touch nor returned the DC despite my request to return it asap.
Now, i'm not sure if I'm panicking and whether this is normal or should I seek out their phone number (its about 35 miles away) and give them a rollicking so to speak.
Also I don't particularly want them to be the other executor as I believe I have to get Probate and do not want them to do it.
What is my position here. Can I just request/demand the signed copy and dispense with them - how do I do it?

[woofgang]

If the testator has nominated them as executors, you can ask them to give up the role but they dont have to and may charge a fee to do so as they will be expecting to make money out of the will. I'd be going to the office in person and dealing with them face to face.

[Barmaid]

I assume this is UK based? I have to say, it is not unusual for such firms to be somewhat dilatory.

Are this firm a firm of solicitors or are they are firm of Trustees (ie ABC Trustees Ltd). I only ask because it depends on how to work their complaints procedure if it comes to that.

In terms of you not wanting them to be executor, unfortunately, you cannot force them to renounce (ie resign) their position. if your brother has appointed you and them jointly, they have every right to obtain the Grant as much as you do. However, you can ask them nicely if they would consider renouncing their right to the Grant and if they agree to do so, you can then obtain the Grant on your own.

In the meantime, I would call them and not give them a rollicking, but find out what the delay is explaining that you are anxious to commence the probate process.

[themas]

From what you say, I assume you have the Trustees address but not their phone number. I would find the number (it should be easy enough to do using the address) & ring them. Don't bother with the will writers - they seem to be acting just as a post office.

If the Trustees are shown in the will as joint executors you cannot just tell them to stand down. They have to agree to do so & sign some probate documents. As they will undoubtedly want to charge for their service in acting as executor you will probably have some difficulty getting them to agree to stand down. At this stage, I don't think you have any way of forcing them to do so. If they delay unreasonably in dealing with the estate then you might be able to get them removed, but that would involve a Court case & be costly.

[Kazal]

Barmaid They are (ABC Trustees) but I understand they are still a legal firm.
The trouble is I am having to clear his house as it is a local authority property and I don't see them getting involved to make sure I don't dispose of anything I shouldn't. I am working from an unsigned copy which is not a legal document but they are not helping by dragging their brush.
Thanks for everyone's answer.

[Eve]

If you found it (unless it was left for you to find?) and it's an unsigned copy, are you sure it is the final version of the will and that a signed copy of the latest version is actually still with the trustees?

Just in case that could explain some of the delay.

Likely they are just being slow though. I hope you get it sorted soon.

[tonywiltshire]

Independent trustees can be an off shoot of a law firm or just an independent Limited liability company, or individual, an independent trustee usually has a financial background but I do not believe there are recognised qualifications for this position. I would be suspicious if there were a connection with the will writing service or they insisted on being executors, which if they wish to remain there will be little you can do, have a kindly chat with them on the telephone.