Claims Against Executors
Our team of expert contentious probate lawyers are here to assist you in making a claim against an executor. Contact our free legal helpline for specialist legal guidance.
What is an executor?
When someone dies, the executor named in the Will is responsible for managing and distributing the estate. Executors, also known as personal representatives, must ensure the estate is handled according to the deceased’s wishes and legal requirements.
Who can be an executor?
Anyone who is aged 18 or over can be an executor. The deceased is able to name more than one executor and can even name professional executors, such as solicitors. A professional executor is able to charge the estate for their services.
An executor can also be a beneficiary under the Will.
If there is more than one executor, do they have to act together?
To put it simply, where there is more than one executor, they do need to act jointly and come to a consensus about how to administer the estate. However there are some circumstances, such as dealing with personal items and cash, where one executor can act independently from the other (this is known as acting jointly and severally).
Duties and powers of executors
Primary Duties:
- Safeguarding the estate from loss or theft.
- Arranging the funeral, often with family help.
- Accounting for the estate’s assets and liabilities.
- Administering the estate promptly, typically within a year of the deceased’s death.
- Exercising reasonable skill and care in all decisions.
Powers:
Executors’ powers are outlined in the Will. Their actions must always serve the best interests of the estate and beneficiaries.
Issues and claims against executors
Beneficiaries may make a legal challenge against an executor for various reasons, including:
- Delays in estate administration or fund distribution.
- Disputes over property sales.
- Poor financial decisions impacting estate value.
- Conflicts of interest, especially if executors are also beneficiaries.
- Refusal to provide necessary information to beneficiaries.
- Miscommunication or disagreements among executors halting administration.
Executors might also face legal action from co-executors, or claims from other parties, such as challenges to the validity of the Will, or claims under the Inheritance (Provision for Family & Dependants) Act 1975.
Addressing executor mismanagement
Legal action can be taken to compel executors to fulfil their duties, or to remove them from office if they act improperly. Because legal disputes can reduce the estate’s assets, care must be taken to ensure that legal action is proportionate. It is important to seek professional advice from experienced contentious probate solicitors when making a claim against an executor.
Resolving disputes
Our team of contentious probate lawyers deal with executor disputes on a daily basis and are skilled at resolving disputes without formally involving the courts. Even the most recalcitrant executor is likely to heed the warnings of our specialist solicitors and opt to comply with our requests, rather than face the financial risks (or worse) of court action. However, where an executor refuses to honour their legal duties and court action cannot be avoided we do not shy away. We have an excellent track record of success in court, and you can read about some of our successful claims here and here.