Executor dispute

We have successfully resolved an executor dispute by having our client appointed as a joint executor

This executor dispute case involved two primary legal issues:

  1. A dispute about who should act as executor of the estate; and
  2. A dispute concerning which assets which should form part of the estate

When the deceased passed away she left a husband and three children from an earlier relationship. However, only the husband was appointed as executor of the estate.

The husband had owned two holding companies with the deceased, which encapsulated both property and business holdings.  During her lifetime, the deceased was removed as a director of those companies without her knowledge.  She died before she could be reinstated as a director.

The children objected to the appointment of the husband as executor, questioning whether their mother’s marriage to him was even legally recognised here in the UK.

We represented the children in the executor dispute, obtaining a successful outcome which provided:

  1. One of the children to be appointed as an executor by way of a section 50 Order.
  2. That same individual to be appointed as director of both companies alongside the husband
  3. The disputed assets were agreed to form part of the estate.
  4. A tight timetable was imposed in connection with the administrative steps required finalise the estate and distribute the assets.

The addition of one of our clients as an executor was made possible by applying to the court under section 50 of the Administration of Justice Act. This Act gives the High Court the power to appoint, substitute, or remove an executor where the circumstances are appropriate to do so.

By having our client added as an executor and director of the company the children felt secure that their interests in the estate would be properly represented.

If you are involved in an executor dispute, or require experienced guidance on applying to court for an executor to be appointed, substituted or removed then call our free legal helpline on 0333 888 0407 or email us at [email protected]

Executor dispute