A couple of weeks ago one of our enquirers telephoned because they were alarmed to have been told that as all the executors named in the will were unwilling to apply for a grant of probate, the case would have to be referred to the Court of Protection.
When I asked who had given this advice, I was mildly surprised to be told that it was someone at a large firm of solicitors. The firm generally had a good reputation but it seems that the caller had been referred to someone who obviously had little or no idea about probate. The caller was reassured when I told him that he, as one of the named executors, could apply in his own name for probate. The other executors could renounce or give up the right to probate if they wanted or else they could reserve their position.
He instructed us on the basis of our grant only service and it would not surprise me if he moved to full administration just in case those other executors put him under pressure in dealing with the everything on his own.
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