Managing disputes between the executors of a will
Executors or ‘personal representatives’ are appointed by the person making a Will to administer their estate after their death. Executors have a duty to administer the estate correctly and to act in the best interests of the Will’s beneficiaries.
Administering an estate can be a complex and lengthy process, taking place at an emotional time. During the process disputes can arise between executors, or between the executors and beneficiaries of the Will.
Conflicts may arise over distributing assets, particularly if an executor is also a beneficiary of the Will, or if the beneficiaries feel that an executor is acting unreasonably or not meeting their legal obligations.
Resolving executor disputes
Disputes can stall the administration of an estate and beneficiaries can be seriously affected, so it is important to resolve any conflict as quickly as possible.
Removing an executor
Disputes may be resolved through negotiation, or where necessary you can apply to the Court to remove or replace an executor.
There must have been a serious breach of duty for an executor to be removed, such as financial misconduct, acting for personal gain, or endangering the estate’s assets.
Executors may also be removed if they have caused delays or not acted within a reasonable time-frame. However, it is important to remember that it can take time to settle an estate and there may be reasons for any delays.
Removing an executor is a complex procedure and it is vital to seek legal advice before taking steps to do so.
Executor disputes – How we can help
If you are involved in an executor dispute, our expert team of inheritance dispute solicitors are happy to discuss your situation with you.
Our team specialises in executor disputes and includes members of The Association of Contentious Trust and Probate Specialists (ACTAPS). The team is also recommended by the independently-researched Legal 500 as one of the top teams of specialists in the country.
To discuss how our specialist team of solicitors might be able to assist you in resolving an executor dispute or advise you on removing an executor, please call 0800 024 1976 or contact us via our online enquiry form.
"Nelsons Solicitors Limited has a sizeable contentious trusts and probate team that frequently handles disputes concerning high value estates. The team displays strong expertise in Inheritance Act claims, complex challenges to wills, court of protection and defamation matters. Practice head Kevin Modiri and his team are 'sensible and pragmatic' and frequently deliver client training and CPD seminars.”Legal 500
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