When a loved one passes away, often the last thing you want to do is deal with their affects and affairs. Knowing they’ve been mishandled however, can add stress to an already horrid time in a family’s life. What do you do when a loved one’s Will is being mishandled by an untrustworthy source?
Handling a Will
The passing of a loved one brings unearable grief. Everyone grieves differently, but what unites many people’s experience with grief is the need for clarity and certainty. Often, the dividing up of a loved one’s Will, and the settling of their estate, can bring that clarity and closure.
For some, however, this journey is far more complicated because of an executor not behaving as they should. We spoke to Danielle Blaylock, Contentious Probate Solicitor at Jackson Lees, who explains why you don’t have to cope with these difficulties alone.
While estate administration is a legal process, it’s also a really important journey for many people when it comes to grieving. Winding someone’s estate down can be a lengthy process that brings up a lot of emotions, which is why it’s vital that the estate is handled by an executor you can trust.
The executor is the person who is responsible for administering the estate of someone who has passed away. They have three duties that are legally binding.
Danielle goes on to explain the three duties set out in the law, as follows:
It is their responsibility to collect the real and personal estate of the deceased and administer it according to law. Then, the executor also must present a full inventory of the estate and present an account of the administration of the estate to the court.
The executor’s third duty is to officially give the grant of probate or letters of administration to the High Court when asked to do so.
The duties of the Executor
Danielle explains that the grant of probate or letters of administration are the legal documents that give them the power to wind down someone’s estate.
An executor’s duties are clearly set out in the law and help to guide them through the process of administering an estate. Thankfully, this law protects the deceased’s estate, and holds an executor to account.
Executors have a lot of responsibility, but what if they fail to act and refuse to undertake their duties to administer the estate? It can have a huge impact to the people who are set to benefit from the estate, particularly during this emotional process.
What to do next
Firstly, I would advise that people speak to an expert. The reality is that the law exists to hold executors to account, and there are a number of paths you can go should an issue arise.
Specialist lawyers like Danielle can provide comfort and help a beneficiary, someone who is set to inherit from a Will, take the right legal steps to get closure.
Whether it’s a matter of serving notice on an executor who hasn’t applied for the necessary legal paperwork, a subpoena or citation for delivery of a Will or even asking the Court for permission to replace the executor with someone else, these processes provide a framework of responsibility.
This framework of responsibility can be a lifeline to people who are struggling with an executor refusing to act. Danielle also highlights that this legal process can be a wake-up call for executors who are struggling with the duties they’ve been given and need clarity in their role.
Final thoughts
We asked Danielle what her main takeaway is for anyone who is struggling with the dividing up of a loved one’s estate. Her response is as follows:
If you are faced with an executor who is refusing to act or who is holding up the winding down of someone’s estate in another way, seek specialist advice. Equally, if you are an executor who has been served with a subpoena or citation, make sure that you know where you stand with the right legal support.
Jackson Lees has many years of experience in helping with Wills in difficult times. For a consultation with a member of our legal team call us on 0151 282 1700 or email enquiry@jacksonlees.co.uk or visit our website www.jacksonlees.co.uk