If an executor (in breach of their duties) incorrectly distributes an estate there are steps which can be taken. The court has wide powers to direct that a formal account of an estate administration should be produced or that further enquiries should be made in order to ensure the proper administration of the estate.
Where an executor violates his/her duties and mismanages an estate, a beneficiary who has suffered loss as a result may consider bringing a personal claim against the executor. The executor is not able to hide behind the fact that the estate administration has been completed. If it can be established that an executor has breached their duties, then the executor would be personally liable to make good the loss to the estate as a result of their actions.
If you believe that an executor has failed to comply with their duties and that you have suffered a loss as a result then please contact Martin Oliver on 01926 880751.
