Who is the solicitor acting for two executors?
Who is the solicitor acting for two executors?
I am the solicitor acting for two executors in the administration of an estate. The estate contains various assets, including an expensive car and some horses. One of the executors is the residuary beneficiary of the estate.
Can a joint executor take control of an estate?
An Executor may be appointed to administer the Estate solely, or, more commonly, jointly with another person. A joint Executor appointment will usually ensure that there is at least one Executor who can take control of the Estate administration if something were to happen to the other.
Can a co-executor apply for probate on an estate?
This can only be done if they have not already started acting in this role. In most cases, all of the executors named would apply for grant of probate on an estate. However, one or more of the executors may apply by themselves subject to giving notice of the application to the other co-executors.
Can a person be appointed as more than one executor?
More than one executor may be appointed, but not all of them need to act. An executor may renounce/refuse to take out probate, leaving the remaining executors to deal with the estate. This can only be done if they have not already started acting in this role.
Can an executor act jointly with a beneficiary?
Well the answer is that executors can act jointly and severally but it is unwise to act severally (individually) on significant matters because if they do, that executor is responsible for that decision to the beneficiaries.
What happens when joint executors disagree in probate?
Joint Executors will need to resolve these disputes and act in agreement in order for Probate to move forward. If an agreement cannot be reached through negotiations, and a Grant of Representation has already been issued by the Court, then it is possible for one Executor to apply to the Court to remove the other. What might Executors disagree On?
Can a non-co-executor apply to be a joint executir?
However, one or more of the executors may apply by themselves subject to giving notice of the application to the other co-executors. The non-applying co-executor may then object to the application, or ask to be a joint applicant.
This can only be done if they have not already started acting in this role. In most cases, all of the executors named would apply for grant of probate on an estate. However, one or more of the executors may apply by themselves subject to giving notice of the application to the other co-executors.