What happens if there is a dispute between executors?
Executors who are in dispute can apply to the Court for directions regarding how the administration should proceed. The Court have a power to revoke a grant in favour of one executor and to issue a grant in favour of another.
How do you fight an executor of a will?
In most cases, beneficiaries can’t go to the court and contest an executor simply because they disagree with one or more of the executor’s decisions. In order for the court to remove an executor, someone (usually a beneficiary) must prove that the executor has engaged in misconduct or is otherwise incompetent.
Can an executor overrule a will?
Can an executor override a will or a beneficiary? No; but that doesn’t necessarily mean that wills are always carried out exactly as written. Sometimes it might be impossible to carry out the terms of a will. For example, the will may try to bequeath property that the person who died no longer owned.
Can executor claim against estate?
The executors may have to deal with claims against the estate from other people, for example under the Inheritance (Provision for Family & Dependents) Act 1975 or a challenge to the validity of a will itself.
Is executor liable for debts?
You’re responsible for clearing the estate’s debts If a creditor comes forward after the estate has been settled and assets have been distributed, again, the executor will be personally liable.
Executors can be personally liable to beneficiaries in certain circumstances, for example where they knew of a potential claim against the estate by the executor (perhaps under the Inheritance Act 1975) but distributed too soon and the estate no longer has the money to pay any award. A claim out of time cannot proceed.
Can a co executor be removed?
Yes. A co-executor of estate may be removed on the same grounds as a sole executor, and also when the co-executor is acting unilaterally without the consent or cooperation of other executors. When co-executors are appointed in a will, they must agree on any action proposed before taking it.
An executor can be held personally liable for the debts of the estate up to the value of the estate. If they distribute the estate and leave a creditor outstanding, that creditor may bring a claim against the executors. This is the case even where the executor had no idea the debt even existed.
What to do if you have a dispute with an executor?
If you are considering taking action against an executor or personal representative, are concerned about how an estate is being administered or any of the above points, our contentious probate solicitors can advise you about your options. Contact our estate disputes solicitors by email or get in touch for a free 30 minute initial consultation.
Can a beneficiary dispute an invoice from an executor?
That it was spent in the fair execution of the estate administration. An executor therefore need only provide an invoice or receipt to support any payment. Where the payment relates to services provided on an hourly rate basis, the invoice need not disclose the number of hours worked or the hourly rate used.
What happens when the executors of an estate disagree?
If disputes cannot be resolved at by the executors even with legal representation, it will likely cause the administration of the estate to come to a halt. In such a case the only option left is to apply to the Supreme Court for court orders and directions.
When does an estate dispute start after death?
After you have died, your Will is probated, and your Executor has the responsibility to carry out the instructions in your Will. Sometimes this is where the problems start and estate disputes arise. This is separate from a challenge to a Will. These are arguments arising while the estate is being managed by the Executor.