Claims involving executors
Executors are people appointed to act by the Will of a deceased person. Executors can sometimes also be referred to as Personal Representatives although this term has a wider meaning. Executors owe a number of duties.
Sometimes problems can arise which cannot easily be dealt with. We are here to help. The following are some common situations involving executors. There are others. Most disagreements can be resolved easily. In situations where a resolution cannot be reached, the court can intervene. If you disagree with a decision being proposed by your co-executors or you find that a minority of executors are disagreeing with your proposed course of action, call us to discuss how we can help.
We assist with disputes between:
- Executors and beneficiaries
- Executors and Trustees
- Executors and those seeking to make a claim against the estate
Executors understand that beneficiaries under a Will are keen to ensure that the estate is being handled correctly, and in a timely fashion. Executors generally must deal with the administration of the estate within 12 months from the grant of probate although in some complex situations this may need to be longer (for example where there are complicated property transactions). Interest can accrue due to a beneficiary who has not received their entitlement under a will after 12 months.
Executors can be personally liable to beneficiaries in certain circumstances, for example where they knew of a potential claim against the estate by the executor (perhaps under the Inheritance Act 1975) but distributed too soon and the estate no longer has the money to pay any award.