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Dispute Resolution

Disputes involving Executors

If you disagree with a decision proposed by an executor or an executor is disagreeing with your proposed course of action, we can help you.

What is an Executor?

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.

In situations where a resolution cannot be reached, the court can intervene.

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.

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