I have a probate where the administration is failing to move forward due to the lack of co-operation between the beneficiaries and executors. The executors want to be retired but the beneficiaries will not sign a Deed of Retirement and Appointment with an indemnifying clause in it. There is no one else willing to take on the role of executor so if I apply under Section 50 subsection (1) of the Administration of Justice Act 1985 on behalf of the executors to have them removed I do not have a substitution to offer. I read that the court can proceed as if the application included an application for the appointment under the Judicial Trustees Act 1896 for a judicial trustee to be appointed. Does that apply when the application is made only on behalf of the beneficiaries or can it apply in this situation where the application is on behalf of the executors?
Although it is possible to appoint a judicial trustee the application is not really any different to that under s50 AJA because you will still need to identify the replacement. To add to your woes and executor cannot be removed by agreement so a deed of retirement won’t work. I suspect you need to apply to court for directions.
Many thanks for taking the time to reply to my post. I appreciate your comments.