The firm has been appointed sole Executors for the deceased who disinherited son A. Son A has sent a Larke v Nugus request which is being responded to (firm also prepared Wills).
The residuary estate is left 50% to Son B and 50% to grandchildren who are under the age of 18 and the children of Son A.
Son B has asked us to renounce, however, I am not under the impression that he fully understands the role of an Administrator and the fact that two will have to apply because of the child beneficiaries.
Further, in an ideal world we would normally retire as Trustees and appoint the grandchildren’s parents as Trustees when it is to consider distributing the estate. As Son A has indicated his displeasure with the Will, would this still be safe to do so?
I appreciate your thoughts on the matter as I am receiving conflicting opinions from in-house.
I personally think if you offer the service of being a professional Executor when drafting the Will, you should do so when the Deceased dies. What were the wishes of the Testator?
That said, I assume if you don’t renounce, Son B may apply to have you removed and who can be bothered with the hassle of that case.
Waite v Skilton [2024] EWHC 3153 (Ch) Sets out a summary of the principles on which a Court will rely, when considering removal of an Executor. If you weigh those up, it will probably help you take a final decision.
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