I have an estate and I act for one executor. The second executor is refusing to enagage in the process. Both executors are joint residuary beneficiaries.
Can my client use the citation process to remove his co-executor and then assuming he does not respond to the citation then apply for the Grant, or is this process only avalable for applicants who have an inferior right the executor that is failing to enagage in the process?
All the precedents I have found do not envisage the situation I describe and are applications from residuary beneficiaries who are citing executors who are failing to act and have an inferior, not equal right to the person they are citing .
Thank you
The active executor can presumably apply for a grant with power reserved to the other. They would just need to give notice to the other and don’t need consent or a reply. As you suspect, I don’t think citations are meant for this situation.
Thank you.
I thought that you need to have the consent of the executor to whom power is to be reserved ?
I’m only aware of r27:
“…where, on an application for probate, power to apply for a like grant is to be reserved to such other of the executors as have not renounced probate, notice of the application shall be given to the executor or executors to whom power is to be reserved; and, unless the district judge or registrar otherwise directs, the applicant must state in the application that such notice has been given.”
I’m not aware of any rule or practice that requires their consent.