Probate is the process of getting legal authority to manage the estate of someone who has died. When a will is made, it will usually name one or more people who will deal with the estate. These are called Executors.
An Executor can be a family member, close friend or even a solicitor who has been appointed. They have legal responsibility, known as a duty of care, to the beneficiaries of the estate. If they are not completing their duties as they should, there can be consequences.
What Are My Options?
You can seek to remove or replace any Executor who has not carried out their duties in the correct manner. They can also be personally responsible for any losses you’ve suffered.
If you think the Executor of a loved one’s will is acting improperly or against the best interests of the estate, you should call one of our specialist will Disputes Team now on 0117 926 4121 or contact us online and we will help you.
An Executor’s role is to manage and collect all the assets, pay off any debts owed by the estate, obtain a Grant of probate if one is needed and then distribute everything to the people who are listed in the will (the beneficiaries).
If they do not complete their legal duties, then they can be removed and possibly be liable for any losses.
Some examples of Executors not acting properly are:
- causing unnecessary delays when dealing with the estate
- failing to properly administer the estate
- behaving dishonestly
- selling property for less than its market value
- giving money to the wrong person
These are only a few of the ways that an Executor may not be acting properly.
Call us on 0117 926 4121 for a free initial discussion or make a free online enquiry.
You should remember though that the probate process can take a long time. It usually takes at least a year and sometimes longer.
Removing an Executor
An Executor can be removed by making an application to the court. This may not be an easy task though. You’ll have to prove mismanagement of the estate to the Court or some other reason that the Executor should be removed.
Your first step should be to write to the Executor and ask them to provide you with a detailed outline of the Estate Administration. This should give you an explanation of what the Executor has been doing and when they’ve done it. Raise your concerns with them and ask for an explanation.
If you are still not satisfied, you could apply to the court to remove them.
Call Meade King Now
We can help you to understand your circumstances more clearly and decide if you want to continue to remove the Executor and make a claim against them.
We’ll discuss the case with you in detail, offer you our opinion on your chances of success and also discuss how you could pay the legal costs to remove the Executor.
Call us now for a free initial discussion on 0117 926 4121 or make a free enquiry online. We'll put you in touch with one of our probate disputes solicitors.
Remember, it won't cost you anything to make an enquiry and there's no obligation either.