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Remove an executor (Read 10320 times)
shazee
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Remove an executor
Mar 30th, 2007 at 1:42am
 
CAN AN EXECUTOR BE REMOVED IF HE HAS BAD CHARACTER?

The bad that he has shown are producing forged and fraudulent documents of the deceased so that he gains and benefits from the deceased's estate.

I would be grateful for some credible Scottish law advice or even pointers to an experienced and credible solicitor who can deal with this kind of will case.
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grumpy
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Re: Remove an executor
Reply #1 - Apr 5th, 2007 at 10:21am
 
An executor has a duty to the beneficiaries either under a will or under the law of intestacy. You don't say if you are a potential beneficiary. I suggest you see a lwyer and ask them to contact the executor or thier lawyer. Also, all docs in the winding up of an estate are public docs and can be viewed at the sheriff court where the deceased lived before death. Finally, if you are serious about forgery etc this may be a police matter re fraud.
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shazee
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Re: Remove an executor
Reply #2 - Apr 8th, 2007 at 2:43pm
 
Yes, I am a beneficiary. I am seeing a solicitor over this matter. Documents have been viewed and passed to a handwriting expert for analysis. I am confident that it will come out in favour of what I suspect. Informing the police has been discussed with the solicitor. Investigating fraud is a very long affair and it may not be sufficient enough to remove the executor. I am looking for alternative methods of getting rid of this unworthy executor who is obviously not concerned in fulfilling his duty.

Can I get some legal advice here?  - can an executor be removed on the grounds that he is of fraudulent character and if he can, how do I go about it and what is the cost roughly?
Know any fighting solicitors out there willing to take this case on?
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grumpy
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Re: Remove an executor
Reply #3 - Apr 11th, 2007 at 10:04am
 
your solicitor can apply to the court to remove the executor on the grounds of breach of their fiduciary duty to beneficiaries. Why do you ask for a fighting lawyer? Is your current lawyer expressing reluctance or have you no confidence in them? It can be expensive but there is always the chance that the court may order the executor to pay court costs. I assume the issue is more than just a matter of principle i.e. the financial gain is proportionate to the potential cost.
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