First executor is named jointly with second executor. The one in possession of the Will is refusing to allow the other to have a copy etc. The second wishes to carry our their duty as executor and administer the estate in accordance with the Will. The first has advised they cannot work together and has issued a Caveat but does not intend to renounce. The beneficiaries have issued a warning. Is this obstruction not going to cost the estate in the long run? What now?
Lucy Leach
Hi Lucy
Presumably the first executor has issued a caveat because they dispute the validity of the will? Have they appeared to the warning yet? Unless a way forward can be agreed, the second exec may have to consider issuing a claim to prove the will. Feel free to contact me on fcollinson@kingschambers.com to discuss in more detail.
Best
Fay Collinson
Kings Chambers
I have a similar case. An affidavit setting out the circumstances should be filed with the registry asking that it rule that an independent administrator be appointed to wind up the estate.
That is if the parties cannot agree upon an independent administrator without first going to the registry.
John Crowhurst
Taylors Solicitors