After someone’s death, their executor is responsible for dealing with the administration of their estate. This can be a lengthy and often complicated process, involving the valuation and sale of all of their assets, payment of Inheritance Tax and debts and preparation of estate accounts.
When an executor fails to deal properly with the estate, it can cause difficulties for the beneficiaries and the estate may even lose money. If an executor is not managing the estate administration adequately, then there may be a case for removing them.
Failing to deal with a deceased estate
In an estate administration there are numerous ways in which an executor may fail in their duties, including the following:
- Taking too long to obtain a Grant of Probate
- Undervaluation of the estate assets
- Sale of estate assets at below market value
- Fraud on the part of an executor
- Theft from the estate
- Disputes between executors
- Taking too long to wind up the estate
- Not dealing effectively with the winding up of the estate
- Charging unreasonable expenses to the estate
- Failure to produce estate accounts
Executors’ duties
After a death, an executor is responsible for all of the actions needed to finalise the deceased’s affairs and comply with the law. They are bound to act in the best interests of the beneficiaries at all times.
An executor is prohibited from self-dealing, or purchasing property from the estate themselves without the consent of the court. If they do, then a beneficiary may be able to ask the court to void the transaction, even if the estate did not suffer a loss.
Dealing with an executor who has breached their duty
If you are concerned about the way in which an estate is being administered, the first step is to communicate with the executor and try and establish why there is a problem and whether they can deal with the situation.
If they are simply overwhelmed with the tasks involved, which can often include extensive paperwork, then they may be able to instruct a professional to deal with the administration on their behalf.
If the problem is more serious, such as misconduct, failure to keep records, wasting money, mismanaging the estate or acting fraudulently, then an application may need to be made to the court to remove the executor.
Intermeddling
An executor who is not effectively managing an estate administration cannot simply step down once they have started dealing with the winding-up. Once they have taken actions on behalf of the estate, they are classed as having intermeddled and are either required to complete the administration or seek an order from the court removing them.
Where difficulties have arisen, an expert in Wills and probate disputes may be able to step in and resolve matters before the situation degenerates. Often, a solicitor’s letter will help an executor to understand what is expected of them and where they are not dealing adequately with an administration, professional help can be used to finalise matters. This can be done on their behalf without the need to remove them as executor.
The courts can be reluctant to remove the deceased’s choice of executor without a persuasive reason, so this can be a good compromise. The expenses will be met from the estate.
Failure to properly distribute estate funds
Where an executor fails to distribute estate funds, you can ask them to explain the delay. They may be waiting to see if there are any further claims against the estate or attempting to locate beneficiaries. If there is no reasonable explanation, then it is advisable to seek legal advice to take steps to have the estate distributed.
Where an executor does not follow the terms of a Will, then a beneficiary can bring legal action to recover the money they should have received. An executor who fails in their duty or who causes losses to the estate can be held personally liable and required to make good from their own funds.
Contact our expert Wills and probate disputes solicitors
If you are concerned about the actions of an estate executor or you are an executor or administrator and you would like assistance with an estate administration, our will dispute solicitors are able to provide advice and guidance.
If you would like to discuss your options with an expert Wills and probate disputes lawyer, email us at info@witansolicitors.co.uk or fill in our contact form. We have offices in Birmingham, Northampton and London.
