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. Likewise, an Administrator appointed when there is no will has a responsibility to legally pay creditors and distribute assets of an estate to the rightful beneficiaries. There are times, however, when Executors and Administrators allow their interests to interfere with their legal obligations. They may be prejudiced against a rightful heir, lazy, inept or otherwise corrupt.
Our role is to provide legal advice and guidance to concerned parties and 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
The first step in successfully resolving any dispute is to write to the other party. Timely intervention with a solicitor skilled in negotiation can save months of arguments and an expensive court hearing. We contact the Executor or Administrator in writing, outlining where they are failing in their duty and requesting that this is corrected and the Estate administered legally. We advise that should they fail to comply that we will begin court proceedings to remove them from their position and request they pay the associated court costs.
Mediation can often be useful if the other party fails to cooperate, particularly if the dispute is betweens family or friends of the Testator. It is always a good idea to try mediation. Not only is it beneficial to try to preserve family relations where possible, but the Courts also look more favourably on applications to replace an Executor or Administrator when mediation has been attempted.
The request to remove an incompetent or corrupt Executor or Administrator is made under Section 50 of the Administration of Justice Act 1985. Any application needs to be accompanied by sufficient evidence to prove the unsuitability of the current Executor to the Court which is why it is vital to work with a solicitor experienced in successfully handling such disputes. It is not enough to just dislike an Executor or to disagree with their actions; you need to prove that they are mismanaging the estate whether it be for their own purposes or due to incompetence.
Litigation is not always the best course of action. Indeed, it should be considered a last resort only once negotiation has failed. Part of our service is to provide legal advice to help our clients decide whether it is worth the time and cost to pursue a court request. Every situation is unique so, where possible, we tailor our service to fit our clients’ needs.
Whether you need help writing a warning letter, would like the support of a third party to aid mediation, or require legal representation to build a case to have an Executor removed by the Courts, call us. The Inheritance Experts have the knowledge and experience that will help you achieve the most positive outcome in the shortest possible time.
Why should you contact us?
Fixed Fee Lawyers
We offer fixed fees for Wills, Probates & Lasting Power Of Attorney. Our Inheritance department covers all aspects of preparing wills and dealing with a person's assets after they have died.
Our experienced solicitors are experts at dealing with inheritance disputes effectively and efficiently.
We are committed to securing the best possible outcome for you, while providing friendly support every step of the way.
Personal Dedicated Solicitors
On contact, you will be allocated your own expert solicitor who will be there every step of the way.