An executor is a person appointed in a will to collect in the assets of an estate when a person dies and to ensure that they are distributed in accordance with the terms of the will.
Disputes between executors and beneficiaries
An executor’s duty is to the estate of a deceased person. This means that they have an obligation to ensure that all assets, which belong to the estate, are collected in and distributed in accordance with the terms of the will.
Understandably beneficiaries have an interest in ensuring that the executors comply with their obligations. This is particularly the case where a beneficiary is entitled to the remainder of an estate after other specific legacies made in the will have been satisfied.
If you are a beneficiary and have concerns that an executor is not performing their duties properly then we can help you to raise your concerns and hopefully resolve matters at an early stage. Ultimately if it can be established that an executor is unable to comply with their duties or is an unfit person to retain the position of executor it may be that an application for their removal can be made to the court. If you are concerned that an executor may be acting in breach of their duties, then please contact Martin Oliver on 01926 880751 for an informal discussion.
Disputes between executors and trustees
It is common for more than one person to be appointed as an executor. This can result in disputes and disagreements arising between executors as to how the estate should be dealt with.
If executors are unable to agree what should be done this means that the administration of the estate can not be completed. If you are in this position we are able to offer our expertise. It may be that a fellow executor is required to account for their actions in the way that an estate has been dealt with and ultimately it may be that an application to the court is required to seek the removal or substitution of a co-executor.
Similar disputes can arise between the trustees of a trust fund, preventing any distributions from being made out of the trust.
If you are an executor or trustee and need guidance in respect of the actions of a fellow executor or trustee or simply guidance as to your own obligations, please contact Martin Oliver on 01926 880751.
