Disputes Between Executors
Anyone who makes a Will is able to name as many executors as they like to wind up their affairs and administer their estate. Unfortunately, disputes between executors can occur, which can prove to be very disruptive. In these situations, our solicitors are on hand to advise and support you with sensitivity and understanding.
At Tinsdills Solicitors, our team have expertise with various types of legal disagreements. When instructed, we will be by your side to take through every stage of a dispute between executors, providing practical support to secure the right outcome.
Our team have strong negotiation skills, which we use to help resolve disputes as efficiently and amicably as possible. We always tailor our advice to provide you with the best chance of reaching your desired outcome. If court proceedings are necessary, we can provide representation and advice throughout that process.
To reduce the potential for your own executors to become involved in a legal dispute with one another, it is important that you take care and enlist expert legal advice when dealing with lifetime planning matters. In addition to supporting you with contested Wills and probate, our team also support you with:
To arrange an appointment with one of our contentious probate solicitors in Hanley, Leek, Newcastle-Under-Lyme, or Sandbach please call 01782 652300 or use the enquiry form on the right hand side of the page.
Our Expertise with Disputes Between Executors
Winding up someone’s affairs and accurately distributing their estate can be a complicated and time-consuming process. That being said, all appointed executors have strict responsibilities which they need to follow at all times. If you have been appointed as an executor, and you are not satisfied that a co-executor is not fulfilling their role, it may be possible to make a claim against them.
Executors typically need to:
- Collect the deceased’s assets
- Pay off any outstanding debts
- Detail assets and liabilities in the estate
- Distribute the estate according to the terms of the Will
An executor may be failing in their role if it can be demonstrated that they are:
- Not acting in the best interests of the estate
- Are not providing a full account of the estate
- Have not taken ownership of assets
- Are not meeting the correct timescales
If you intend to bring a claim against a co-executor, our contentious probate solicitors can work alongside you to build an effective case. This will allow you to recover any losses which may have occurred as a result of the executor’s mismanagement.
If you are facing a claim from a co-executor, this is likely to be a very disruptive and stressful situation, particularly if such a claim is getting in the way of you being able to carry out your duties.
Our contentious probate solicitors can support you in defending a claim from a co-executor, reviewing your personal situation and providing robust representation. When instructed, we can build an effective defence case, clearly laying out the facts and establishing that you have sufficiently carried out your duties as an executor and that a claim has no merits.
Get in Touch With our Contested Probate Solicitors Today
Do you want to discuss a dispute with a co-executor? We have expertise in this area and more.
With a dedicated team on hand to take you through every step of the process, you can rest assured that we will provide you with the best chance of getting the outcome you deserve.
Disputes Between Executors FAQs
It is not just co-executors who can launch a claim. Beneficiaries of an estate can also launch a claim if they have reason to believe that an executor is not fulfilling their duties.
This will depend on the circumstances. It is possible to apply to have the executor removed from their role altogether, but this will only be if certain criteria is met.
You could apply to have a fellow executor removed if:
- They are unsuitable for the position
- They are subject to a conflict of interest
- They are unfit or unable to act as an executor (for example, if they have been convicted of a crime or they lack mental capacity to manage their affairs)
An executor can also voluntarily give up their position. However, this must be done before the grant of representation has been issued. After it has been issued, a Court Order will be required for their removal.
If executors are appointed through a Will which is deemed to be invalid, this could mean that they will no longer be able to act in the same role. For example, if there is a previously valid Will, and they are not listed as an executor, they will no longer be able to administer the estate.
Similarly, if there is no valid Will to refer to, Intestacy rules will be used instead. No one has the immediate authority to act as a personal representative of an estate. A relative of the deceased needs to apply to the Probate Registry for a grant of letters of administration. If this is accepted, that person then becomes the estate administrator.
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