I am hoping that someone might have experience of dealing with a similar situation and be able to offer some guidance on this.
I have an estate where unfortunately the sole executor died before the estate administration was completed. All that remains is to make a balancing payment to HMRC (due as a result of negotiations with the DV on a property value), obtain IHT clearance, chase HMRC on a refund of Income Tax that is due, finalise the estate accounts and make payments to the numerous residuary beneficiaries.
The executors of the deceased executor’s Will are taking probate but one of them does not want to also take over as executor of this estate as they didn’t know the deceased. Whilst the second executor has said she would be happy to act (she is a private client lawyer helpfully), both executors keep referring to the fact that they would prefer for a residuary beneficiary to finalise the estate administration.
My understanding is that the only way that the executors can avoid being executors of this estate via the Chain of Representation is to renounce as executors of the deceased executor’s estate. My research into the point hasn’t come up with any alternative.
Until I know who the new executors are, I haven’t got a client or retainer in place and cannot take any action in the estate.
I am obviously concerned about the additional time and costs that will potentially be incurred in the estate and the delay being caused by me not having any authority to act at present. In particular, HMRC are treated the outstanding sum to them as an urgent debt! Which seems a bit odd to me, but I don’t have a client to authorise me to settle the sum.
Does any one have any experience of dealing with the Chain of Representation when one or more of the executors don’t want to act in the inherited estate administration, and any pointers?
Many thanks in advance.