There’s no denying that the responsibility of administering someone’s estate after they’ve passed is a big one. When multiple beneficiaries and a large estate are involved, things can easily take a wrong turn. Danielle Blaylock, Contentious Probate Solicitor at Jackson Lees, knows this all too well.
Below, Danielle explains where you stand with an ineffective executor, and how her team can support people who are struggling with the administration of a loved one’s estate.
When someone has passed away and left a Will, a person, or multiple people, will be named as the executor(s). An executor’s role begins when a person has passed away and it consists of administering the estate of the deceased. This also means that the executor must act in the best interests of the estate and all the beneficiaries.
What is the role of the executor?
In essence, the expectation of an executor is that they will balance the needs of everyone who is set to benefit from an estate. This means that they must act in the best interests of the estate and all people involved. That is not always the case, however.
It's very common for the executor to also be a beneficiary. In these occasions, issues can arise as to the executor’s impartiality.
The executor has a huge number of responsibilities, including:
- Administering the estate within a reasonable time
- Preserving the value of the estate
- Distributing the estate
- Paying any inheritance tax
- Applying for probate
Some examples of how they may fail in their duties is delaying the dividing of the assets or taking any sort of action that could reduce the value of the assets.
Thankfully, however, there is something that can be done if you fear that an executor may not be fulfilling their duties.
What happens if the executor doesn’t act on the Will?
If it is the case that an executor is failing in their duties, the court has the power to order their removal and substitution.
The court also has the power, where necessary, to order that they reimburse the estate for any losses incurred. It is worth considering that the powers of the court depend on different circumstances, such as whether the grant of probate or letters of administration have been issued yet.
If you are unsure, I would recommend getting in touch with a specialist who can give you more insight. Not only does this ensure a degree of accountability, but it can be really reassuring for other beneficiaries to know that something can be done if there are concerns.
How a specialist can help
If you believe the executor of your loved one’s Will is not fulfilling their duties, there are laws in place to ensure put the administration of the Will back on track.
Our team at Jackson Lees are experienced in fighting for the wishes of the Will and will make sure you don’t have to face this difficult time alone. Call us on 0151 282 1700, request a callback, or make an enquiry at your convenience today.