Is an executor is acting fraudulently?

Executor Disputes

If you are concerned that the executor of an estate is not acting correctly, contact The Inheritance Experts. We work with leading solicitors who specialise in handling executor disputes to resolve issues swiftly and fairly.

An Executor has a duty to carry out the wishes of the Testator fairly and without prejudice. Yet there are still instances of appointing an Administrator when there is no will. Accordingly, that administrator is still responsible for legally paying creditors and distributing assets of an estate to the rightful beneficiaries.

There are also times when Executors and Administrators allow their interests to interfere with their legal obligations. For instance, they may:

• Display prejudice against a rightful heir, or;
• Handle the estate in a lazy, inept or otherwise corrupt manner.

In contrast, we provide legal advice and guidance to concerned parties. Because it’s our intention to resolve disputes without going to court where possible. Talk to The Inheritance Experts today if you believe an Executor or Administrator is acting in a biased or fraudulent manner.

Resolving a Dispute with an Executor

First, in order to resolve any dispute, we write to the other party. Because timely intervention with a solicitor that knows negotiation saves months of arguments and an expensive court hearing. Accordingly, we start by contacting the Executor or Administrator in writing.

• In essence, the document outlines where the executor are failing in their duty.
• In addition, we request that they correct these failures and administer the Estate legally.

We advise that if they fail to comply, we will begin court proceedings. Accordingly, we make clear that our actions seek to remove the executor from their position. Additionally, we’ll request that they pay the court costs that come with it.

Mediation can often be useful if the other party fails to cooperate. In particular, if the dispute is between family or friends of the Testator. It is always a good idea to try mediation. Unlike other solicitors, ours believe that it’s beneficial to try to preserve family relations where possible.

Furthermore, the Courts tend to favour applications to replace an Executor or Administrator if there was first an effort to mediate.

The specific law covering Executor Disputes

The request to remove an incompetent/corrupt Executor or Administrator falls under Section 50 of the Administration of Justice Act 1985. Accordingly, The Justice Act 1985 expressly addresses executors acting fraudulently in UK matters.

The issues at hand, therefore, are these.

• Firstly, the administration of the estate.
• Secondly, the ability of the executor to distribute the estate.
• Where applicable, any probate fraud that occurs.

Every application must include sufficient evidence to show why the current Executor to the Court is not suitable. Ergo, that’s why it’s vital to work with a solicitor experienced in successfully handling such disputes.

It’s not enough to just dislike an Executor or to disagree with their actions to remove an executor. You must prove that they are mismanaging the estate whether it be for their own purposes or due to incompetence.

Litigation, in fact, isn’t always the best course of action for both the executors and beneficiaries. Indeed, it should be considered a last resort only with the failure of negotiation. We provide legal advice so clients can decide if it’s worth the time and money to pursue a court request. Every situation is unique so, where possible, we tailor our service to fit our clients’ needs.

The Inheritance Experts Can Help You & Your Family Members

There are so many ways in which The Inheritance Experts can assist your claim.

• Do you need help writing a warning letter?
• Are you keen to defend claims of executor fraud?
• Unsure how to apply to the court to remove an Executor, Personal Representative or Administrator?
• Could you do with a full explanation of our No Win No Fee policy?
• Would you like the support of a third party to aid mediation?
• Is there concern about how you reach out and communicate with other family members and beneficiaries of the estate?
• Do you require legal representation to build a case to have an Executor removed by the Courts?

But whatever your need is regarding executor disputes, please call us. The Inheritance Experts have the knowledge and experience to help you achieve the best outcome in the shortest possible time. We work with law firms that are authorised and regulated by the Solicitors Regulation Authority.

So get things started and reach out to The Inheritance Experts. It’s equally important to get started sooner rather than later

• by filling in our form, or;
• give us a call FREE from your landline or mobile on 0330 013 0545.