Challenging the Executor of a Will
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Challenging the Executor of a Will
Dealing with the loss of a loved one is always an extremely challenging and painful experience. If you believe that an executor is mismanaging their estate, this can make matters even more challenging to cope with. In these situations, our contentious probate solicitors will be available to advise you with sensitivity and understanding.
At Tinsdills Solicitors, our dedicated team has experience handling a wide range of legal disputes. When challenging a Will executor, we will be by your side through every stage of proceedings, providing practical support geared towards achieving the best possible outcome.
We have developed strong negotiation skills and use these to secure outcomes that reduce the potential for disputes where possible. We always focus on securing the best outcome for you, which means getting to grips with the dispute and what approaches we need to take to reach a resolution. If court proceedings are necessary, we can provide close personal support and robust representation to guide you through the process.
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To reduce the potential of dealing with contested probate and its far-reaching consequences, it is essential to seek expert legal advice when dealing with lifetime planning matters such as Wills and Trusts. In addition to dealing with issues related to contested Wills, Trusts and Probate, our team also deal with various other problems. These include:
To arrange an appointment with one of our contentious probate solicitors in Hanley, Leek, Newcastle-Under-Lyme, or Sandbach, please call 01782 652300.
Our Expertise with Challenging the Executor of a Will
Bringing a Challenge Against an Executor
While the process of administering an estate can be complicated and time-consuming, executors have strict responsibilities which they must adhere to. These responsibilities will typically include:
- Collecting the deceased’s assets
- Paying outstanding debts
- Detailing assets and liabilities in the estate
- Distributing the estate according to the terms of the Will
If you believe that an executor is distributing assets incorrectly or failing in any other duties, making a claim against them may be possible. For example, you could make a claim if the executor:
- Is not acting in the best interests of the estate
- Has not provided a complete account of the estate
- Has taken ownership of assets
- Is not meeting the correct timescales
Our contentious probate solicitors can work alongside you to build an effective case against an executor and help you recover any losses you may have suffered as a result of their mismanagement.
We can also assist with removing an executor from their role altogether. Find out more about that here.
Defending Executors Facing Challenges
If you are an executor facing a claim from a beneficiary or a co-executor, you will likely be under a lot of stress, as you will already be taking every measure to ensure that the estate is executed correctly and that the wishes of the deceased are properly upheld.
Our contentious probate solicitors will review your situation and act in your defence if you are facing a challenge as an executor. We will build an effective defence case by clearly laying out the facts and establishing that you have upheld your duties as an executor and that a challenge has no merits.
Challenging an Executor FAQs
Who Can Challenge an Executor?
Typically, you will be able to challenge an executor if you are a beneficiary of an estate or you are a co-executor.
Can You Remove an Executor?
Depending on the circumstances, applying to have an executor removed from their role may be possible. It may be possible to have an 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 the mental capacity to manage their affairs)
The executor can also voluntarily give up their position. However, this must be done before the grant of representation has been issued. Once they have commenced the practicalities of their role, a court order will be required for their removal.
What Happens if a Will is Invalid?
If an executor is appointed through a Will that is later declared invalid, one of two steps is likely to be taken. If there is a previous valid Will, this is used instead. This means that the executors named in the Will could change.
If there is no valid Will, the intestacy rules will be followed instead. In these situations, no one has the immediate authority to act as a personal representative of the estate. Instead, a relative of the deceased needs to apply to the Probate Registry for a grant of letters of administration. If accepted, that person then becomes the estate administrator.
An administration has broadly the same responsibilities as an executor, but they do not have a Will to follow.
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Get in Touch With our Contested Probate Solicitors Today
Do you want to discuss challenging an executor? We have expertise in this area and more.
With a dedicated team on hand to guide you through every step of the process, you can rest assured that we will give you the best chance of getting the outcome you deserve.
To arrange an appointment with one of our contentious probate solicitors in
Hanley, Leek, Newcastle-Under-Lyme, or Sandbach, please call