An Executor Dispute - Can an Executor Be Removed?
Sometimes, as a result of a person having married more than once, they might ask children from different marriages to execute their Will. It might be that these half siblings have never been close or that they don't get on. Either way, arguments about the deceased's finances will increase the stress already being suffered as a result of the loss of a loved one.
These types of scenarios are, sadly, becoming increasingly common with the loss of the 'conventional family'. An atmosphere that is strained and emotional can severely affect relationships and often cause long term problems. There has also been an increase in contesting wills and removing executors.
There are several reasons which induce tension between executors or between executors and beneficiaries. Whether you are a fellow executor or a beneficiary, you may feel that an executor has failed in executing the wishes of the deceased or not acted with the interests of the estate. This is particularly relevant if the executor is also a beneficiary of the Will or intestacy. Is there an inheritance claim at stake here? However even with no personal interest in the estate, you may feel nevertheless that the executor is being unreasonable. It may be simply that they are being argumentative or difficult. You may not wish to contest a Will but simply remove an executor.
Another major part of a dispute can be if one party thinks there has been dishonesty when the assets were disclosed. This may occur whether executors wish to claim further assets for themselves or wish to secure extra assets for a beneficiary whom they are close friends with. Or maybe we are simply talking about a disagreement where both parties entertain strong, conflicting views such as the decision to sell a particular asset. Are you sure you want to contest the Will?
It may be possible to resolve an executor dispute simply by gaining professional advice from a solicitor about inheritance claims and the involvement of executors. If the dispute is not so amicable, however, the claim may end up going to Court.
If you are currently involved in a dispute with an executor of a Will in which you are jointly executing or are a beneficiary you will need to make your claim within 6 months of the grant of probate. However the rules are tight so it is advisable to make your claim as early as possible. Make sure that you seek the help of a solicitor who specialises in area of contesting wills who will be able to advise you on your options.
About the Author
For advice on your executor dispute, speak to one of the experienced solicitors at Bonallack & Bishop, a firm of lawyers who specialise in contesting wills (http://contestingawilluk.co.uk ). Senior partner Tim Bishop has grown the firm by 1000% in 13 years and has plans to expand further. He is responsible for all major strategic decisions, seeing himself as a businessman who owns a law firm.
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