Suing Executor Of Estate UK

If you are searching for answers to ‘suing executor of estate UK’, it’s safe to assume that you have concerns over the actions of an executor. The process involved in suing an executor of an estate in the UK can be complex, but our expert probate dispute solicitors are on hand to help.

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What Does An Executor’s Role Involve?

Executors are responsible for administering the estate of someone who has died. The role comes with significant responsibilities and involves addressing a range of legal, administrative, and tax issues.

Some typical duties with which executors are tasked include the following:

Registering the death
Obtaining a copy of the death certificate
Applying for probate
Valuing all the estate’s assets, including obtaining professional valuations where necessary
Protecting the value of the estate. For example, executors must ensure the assets are effectively insured pending their distribution among the beneficiaries
Paying any debts owed by the estate
Paying any inheritance tax
Distributing the estate among the beneficiaries in accordance with the terms of the Will.

What Are An Executor’s Duties?

An executor must act in the best interests of the beneficiaries at all times and take ‘reasonable care and skill’ when administering the estate. Fulfilling this duty can be pretty arduous and involves safeguarding the estate’s value, keeping accurate records, and acting with reasonable speed.

What Are Some Common Complaints Made Against Executors?

Complaints that an executor is not acting as they should are commonplace. Examples of some of the most common complaints include the following:

• Misusing Estate Assets.

An executor might be misusing estate assets if, for example, they live in the deceased person’s property without permission or allow their family and friends to live there rent-free.

• Negligence.

An executor may have acted negligently if, for example, they have delayed estate administration or sold assets for less than they were worth, and the estate has suffered financially as a result.

• Fraud.

If an executor steals assets from the estate, they may be liable for fraud.

• Breach Of Fiduciary Duty.

An executor’s duty to act in the best interests of the estate and beneficiaries is known as a ‘fiduciary duty’. Fiduciary duties oblige those that are subject to them to put the interests of others before their own. An executor might breach their fiduciary duty to the beneficiaries in a number of ways. For example, if they purchase estate property, they may breach their fiduciary duty since they are placing themselves in a position where their interests conflict with those of the beneficiaries.

What Is The Process For Suing Executor Of Estate UK?

If an executor fails to adhere to their legal obligations, whether on purpose or by accident, anyone who has suffered a loss due to the executor’s actions, like beneficiaries or creditors, may be able to take legal action against them. If the claim succeeds, the Court may remove the executor from office and order them to repay any losses their actions have caused.

The first step in suing an executor of an estate in the UK is to take legal advice from specialist probate dispute solicitors like ours. Just because you disagree with an executor’s actions doesn’t necessarily mean that those actions were unlawful. We’ll assess the circumstances of your matter and advise on whether you have cause for suing an executor of an estate in the UK.

If we believe your position has merit, we’ll begin by contacting the executor to alert them to your concerns and detail the steps they must take to avoid formal legal proceedings. Our probate dispute solicitors are expert negotiators, and frequently settle estate disputes on excellent terms for our clients without the need for litigation.

If your matter proves incapable of resolution without court proceedings, we’ll guide you through the process, supporting you every step of the way. We’ll continue settlement discussions behind the scenes, so even if you issue a claim, chances are that it will settle before trial.

How Can We Help With Suing Executor Of Estate UK?

We understand that estate disputes can be highly emotive, and we treat each one with the sensitivity it requires. We are alive to the fact that disputes of this nature can often involve family and friends, so we seek to resolve them as swiftly and amicably as possible to preserve important personal relationships and allow you to focus on coming to terms with the loss of a loved one as opposed to a Court case. We are specialists in the field and will devise a cost-efficient strategy that ensures the deceased person’s wishes are honoured and your inheritance remains intact.