Executor

[taz1995]

My mother-in-law died recently and she named me and my sister-in-law executors of her will. My sister-in-law has exclude me from everything making decisions about her funeral etc, she has told the rest of the family that I am at fault by refusing to cooperative with her, but everything I have tried she has hung up on me, I now find out that she has visited my mother-in-laws bank , said she is the next of kin (she is 2nd eldest) and there is no will, can she remove me as executor without my knowledge

[dzug]

If the will has to go to probate (which it will unless only small sums are involved) then the Probate Office will not proceed without your signature either as joint applicant or saying you do not wish to act..

But if she has visited a bank and said there is no will then it doesn't sound as though she is going to do it honestly.

Are you sure that there actually is a will? A lot of people say they are going to appoint so and so as executor and never get round to actually making one.

[themas]

If you are certain of your facts - i.e. that there is a will and that you are an executor, & that she has misled the bank, then you need to take action. First, go to the bank and show them the will. Insist that they do not take any action without your consent. Ask for this to be confirmed in writing. Get the name of the person you see about it & keep a note of it. Ask for a written acknowledgement at the time that they have received a copy of the will.

Second, let your sister-in-law know you have done this and that you will similarly consest any other actions she may have taken which are not in accordance with the will.

Tell her that she either co-operates with you, or you get legal advice about having her removed as an executor on the grounds that she has lied to the bank and is trying to exclude you from acting.

All the above assumes the estate has sufficient value to make it worthwhile - legal advice and action in a case like this could be quite costly.