Challenging an Executer of a Will

The executor of a Will has a responsibility to deal effectively and transparently with the deceased’s estate and their beneficiaries, in a reasonable timeframe. Unfortunately, conflicts sometimes arise over the way an executor is administering an estate. This might be because beneficiaries feel probate is taking too long, that the deceased’s home or other assets have been sold off at below market value or that the executor has not produced proper estate accounts.

Where there are questions about an executor’s conduct, it can lead to serious conflict with the deceased’s loved ones and anyone else named in the Will, which can cost everyone a lot of time, money and stress.

If an executor is found to have breached their duty to perform their role appropriately, they may be required to personally compensate the beneficiaries of the deceased’s estate. It may also be possible to have the executor removed and replaced where necessary.

Whether you are the beneficiary of a Will worried about the conduct of an executor or you are an executor facing a challenge over your conduct, you will benefit from getting expert legal advice as soon as possible. In many cases, an acrimonious and expensive legal battle can be avoided with timely advice and sensible compromise between the parties involved.

How Thornton Jones can help with executor disputes

At Thornton Jones, we have one of the most experienced and highly qualified teams of contentious probate experts in the region, so we know exactly how to deal with even the most complicated executor disputes. We can quickly assess your situation and provide clear advice in plain English on your options.

You might be unclear whether you have grounds for a claim against an executor or you could be an executor facing a claim. You might be keen to sort out your dispute without damaging important family relationships or you may need to have an executor removed swiftly so the estate can be administered effectively.

Whatever your needs, we will listen carefully to your priorities and help you find the best way forward to secure the outcome you need. In most cases, court proceedings can be avoided thanks to our strong skills in negotiation, mediation and other forms of alternative dispute resolution.

Talk to us about your executor dispute today

For expert advice on resolving executor disputes and other contentious probate matters, please speak to our family lawyers in OssettWakefield or Garforth, West Yorkshire today.

Have a quick question or want to request a call back? Use our online enquiry form.

 

Our expertise with executor disputes

We can help both beneficiaries and executors with all types of executor disputes, including:

Establishing whether you have grounds for a claim against an executor

Our contentious probate team can help you to establish whether you have grounds for a claim, which might include where you believe an executor has:

  • Sold property of other assets from the estate at a reduced value
  • Failed to pay Inheritance Tax (IHT) and/or debts owed by the deceased
  • Unreasonably delayed the progress of probate/paying beneficiaries
  • Failing to produce proper estate accounts
  • Inappropriately spent funds or used assets from the estate

Applications to a court to remove an executor

Should you need to have an executor removed and replaced, we can help you with making the necessary application to the relevant court. We are also able to act as professional executors where you require someone to take over the administration of an estate following executor misconduct.

Defending a claim against an executor

If you are the executor of an estate and you are facing a financial claim or a court application to have you removed, we can advise you on your legal position and options. Where required, we can represent you during negotiations with the beneficiaries and support you during court proceedings to help you secure a positive outcome.

Mediation for inheritance disputes

Our team are highly skilled in mediation, allowing us to bring the various parties together to work towards an amicable settlement of any dispute without the need for court proceedings. This approach is generally much faster and less costly than taking your dispute to court, as well as involving much less conflict.

Why choose Thornton Jones for help challenging an executor of a Will?

With decades of experience and a high level of specialist training in all areas of contentious probate law, we can offer the skilled, sensitive approach needed to resolve executor disputes in the right way for you and your loved ones.

Private Client Partner Elizabeth Fyfe is a member of the Society of Trust and Estate Practitioners (STEP) and a fully qualified Trusts and Estates Practitioner having attained a Distinction in the STEP Diploma in Trusts and Estates Administration.

Senior Solicitor Nicola White is a full member of ACTAPS (The Association of Contentious Trusts and Probate Solicitors), being one of only a handful of solicitors in the UK to hold this prestigious membership.

We have strong skills in non-confrontational dispute resolution, meaning we can often find a way to resolve your dispute without the need for court proceedings, saving you time, legal fees and unnecessary conflict which can harm important family relationships.

Our team are also highly experienced in dealing with executor disputes in the courts, so should court proceedings be necessary, we will work with you to make sure your case is as strong as possible and that you have the very best representation, giving you the best chance of securing the outcome you need.

We are accredited by the Law Society for Wills & Inheritance Quality reflecting the strength of our practice in this complex area of law.

Contact our executor disputes lawyers in West Yorkshire

To arrange an initial consultation about challenging the executor of a Will or any other contentious probate matters, please contact our local offices in Ossett, Wakefield or Garforth, West Yorkshire today.

Have a quick question or want to request a call back? Use our online enquiry form.