Executor Acting Fraudulently UK

Acting as an executor of someone’s will is an incredibly important role. It comes with a number of stringent legal duties aimed at protecting the interests of both the person who made the will, known as the testator, and those due to inherit under it, known as the beneficiaries. Failing to adhere to those duties can cause considerable losses to the estate and, ultimately, the beneficiaries. Here, our expert estate dispute solicitors explain what an executor does, their legal duties, and the consequences of an executor acting fraudulently UK.

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What Is An Executor?

When you make a will, you nominate individuals to administer your estate when you die. The role involves valuing your estate, settling your estate’s debts and liabilities, and distributing the remaining estate to your named beneficiaries.

What Are An Executor’s Legal Duties?

Testators place a great deal of faith in their executors, trusting them to administer their estate in accordance with their wishes. In recognition of this high degree of trust and to protect the interests of the beneficiaries, the role of executor comes with a range of legal rules and duties.

An executor’s overriding duty is to conduct the estate administration with the beneficiaries’ best interests in mind. They must act with care and skill and must not cause loss to the estate.

What Is Executor Misconduct UK?

Often, when an executor fails to carry out their duties properly, their failings result from a misunderstanding over what they need to do. An executor’s role can be time-consuming and complex, and executors seeking to do everything themselves without legal support can sometimes come unstuck.

Sometimes, however, an executor’s actions are deliberate and amount to fraud. Examples of when an executor might be acting fraudulently in the UK include the following:

They purposefully use an out-of-date Will.
They use a fraudulent Will to distribute the estate to people they want to be beneficiaries.
They deliberately fail to follow the deceased’s wishes.
They sell the estate’s assets at a reduced price to elicit a financial benefit for themselves or others.
They use estate money for their own benefit.
They claim unjustified expenses from the estate.

How Can You Address An Executor Acting Fraudulently UK?

If you are a beneficiary of a will, and suspect an executor is acting fraudulently, taking swift, decisive action is essential in protecting your interests and safeguarding your inheritance.

Our solicitors usually begin by contacting the executor, asking for details of the estate’s assets and liabilities. If the executor fails to reply, we might advise that you apply for a court order forcing them to provide the information. A failure by an executor to adhere to the terms of such an order is taken incredibly seriously by the court. It is not unheard of for judges to impose custodial sentences on executors in these circumstances, usually suspended to allow them one last chance to comply.

In some cases, it might be possible to ask the court to remove an executor from office. Judges are sometimes hesitant to agree to such requests, since doing so interferes with the deceased’s wishes. The court will usually only remove an executor in the following situations:

The executor has committed a crime.
The executor has a disability that prevents them from performing their duties.
The executor is unsuitable for the role, for example because they have caused the estate to suffer losses.

If we discover that an executor is acting fraudulently, they are personally liable to pay damages to you and any other beneficiaries. You can take legal action to recover the money, but resolving such issues without resorting to court proceedings is always preferable, to save time and costs. The parties’ legal advisors may be able to negotiate a settlement, or you may successfully resolve the matter through alternative dispute resolution methods like mediation.

How We Can Help If You Suspect An Executor Is Acting Fraudulently UK

At Simper Law, our expert contentious probate solicitors specialise in advising both beneficiaries and executors on all issues arising from the probate process, including executor fraud. We have experience in estates of all natures and sizes, including high-value and complex estates.

We understand that matters involving an executor acting fraudulently can be highly emotive. Our solicitors strive to focus all parties’ minds on the issues at hand and avoid them becoming overly acrimonious and costs spiralling. We offer straightforward advice that allows you to understand your options and choose the most appropriate for your circumstances. We have a proven track record of achieving excellent results for our clients in executor fraud cases, both through out-of-court settlements and following contested court proceedings.