Resolving problems with executors or trustees

Estate and Trust administration can take a long time. If there is a dispute it can take years rather than weeks and months to deal with complex and intricate disputes. When a person makes a Will, they will name someone to act as an executor. If they die without a Will this person is known as the administrator. These can sometimes be a professional e.g. a solicitor, but more often involve family and friends.

Contact us for some initial advice about your options. For an initial discussion, with no obligation, please call one of our wills dispute specialists on 0161 930 5151 or e-mail willdisputesteam@gorvins.com.

Gorvins Approach to Executor or Trustee Problems

As a beneficiary, you may think an executor or trustee is dragging their feet and taking too long to deal with matters of your recently deceased relative or loved one. You want your inheritance as soon as you can and although you appreciate that things can take time, your executor or trustee may not be making any progress. You may feel that you want the executor or trustee to be removed.

A first and the most cost-effective course may be to simply ask the executor or trustee to step down. They may willingly do this and be relieved to forego the responsibility. If the executor/trustee refuses this option and is being deliberately awkward, it may be possible to issue proceedings to remove them.

Administrators can sometimes make mistakes. Solicitors acting as administrators should not make the mistakes that a friend or relative might, but sometimes they can get it wrong. The sorts of issues that can arise include:

• Selling property for less than it is worth because of poor valuations
• Not selling property quickly enough, causing it to be sold for less than it could have been worth
• Not giving the property to the intended person quickly enough
• Failing to insure property which gets damaged
• Paying the money to the wrong people

This is a complicated procedure and may cost a lot of money in legal costs, however, if you truly believe that they are not complying with their duties and obligations then an application to court may be the best course of action.

It is not usual that an executor or trustee is asked to step down due to delay. There is usually an underlying reason for the attempted removal such as an accusation that they have acted improperly. For example the beneficiaries may believe that an executor has caused a loss in the estate, that the Will has been misinterpreted or that the entitlements have been distributed incorrectly.

How can Gorvins Help?

If you feel that an executor or trustee has acted inappropriately and want to seek their removal, seek the professional advice or our expert team who will be able to advise you on the best course of action.

Contact a member of the team on 0161 930 5151, e-mail willdisputesteam@gorvins.com or fill in our enquiry form and we will call you straight back.