Executor Disputes
Specialists in dealing with disputes relating to executors who are in breach of their duties
Disputes between Executors - What should you consider?
The Executor has a duty to carry out certain tasks. If you believe the Executor is distributing assets incorrectly or failing in their other duties, you may be able to make a claim against them.
If the Executors are not acting in the estate’s best interests then you should take legal advice quickly. Our specialist lawyers will aim to ensure that your inheritance is correctly distributed.
Why can Executor disputes arise?
You may have found there’s a lack of information about the estate, no apparent reason for a delay or the beneficiaries receive substantially less than they had anticipated, this might indicate that there is an issue with the estate administration.
- Areas of concern might also be if an Executor;
- Fails to progress an estate administration in a timely manner;
- Fails to deal with the administration at all
- Ignores the Will or the Intestacy Rules and deals with the estate in their own way
- Is negligent or their actions cause a financial loss to the estate
- Fails to account to the beneficiaries about how they have dealt with the estate
- Fails to communicate with (or reasonably update) the beneficiaries;
- Charges excessive fees (if they are a professional Executor)
- Tries to sell or buy estate assets for far less than they are worth
- Steals or misuses estate assets
Popular questions about disputes between Executors
Where the person who died left a Will then this will usually have appointed Executors. The Executors are legally liable to ensure proper distribution to the correct people.
An Executor’s main role is:
To identify and collect in the estate assets;
Pay the deceased’s debts from the estate assets; and
Either distribute the assets in line with the Will (or codicil) of someone who has died or to administer an estate in line with the Intestacy Rules
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