How to deal with problem executors
The executor is an essential part of the process of administering an estate after someone dies. But what if you believe they’re not doing their job correctly? What options do you have? Let’s find out more.
Most of the time, when someone dies, administering the estate is a smooth process, often thanks to a dedicated and diligent executor. However, this doesn’t happen 100% of the time, and if there are problems with an executor when you are a beneficiary of the Will, it can be frustrating and stressful. In this article, we’ll explain what an executor does and where things may go wrong. Then, we’ll look at your options for recourse.
What is an executor?
An executor of a Will is the person nominated by the Will-maker to administer their estate after they die. Sometimes they will choose someone close to them, such as a family member. Other times, they will choose a professional such as a solicitor or accountant.
The executor's primary role is to ensure everything laid out in the Will happens as planned after the Will-maker dies. The role can be extremely complex depending on the individual situation. Broadly, an executor’s duties are identifying the value of all the deceased’s assets at the time of their death, settling any outstanding debts, then distributing the estate to the beneficiaries as detailed in the Will.
The executors owe a duty to act for the benefit of the beneficiaries when administering the estate.
What can go wrong?
Problems usually occur in the estate administration process when beneficiaries' and executors’ opinions differ on how the process is running.
One of the things beneficiaries get most frustrated about is how long the process is taking. This could be because the executor isn’t working hard enough to administer the Will, or perhaps not working on it at all. Another common complaint is that the executor is not giving the beneficiaries enough information about how they are dealing with the estate, and in particular about the value of the estate.
What can you do?
If you are a beneficiary and you believe the executor is not doing their job properly, you have several options to resolve the situation.
If you have voiced your concerns to the executor but are not satisfied with their response, you may choose to go through Alternative Dispute Resolution (ADR), which uses negotiation and mediation techniques to resolve your complaint.
Alternatively, there are more formal steps you can take.
If the executor is refusing to provide you with information about the estate, the most simple and speedy option is to apply to the Probate Registry for an "inventory and account” which, if the application is successful, will require the executor to provide, on oath, a full inventory of the assets of the estate and an account of what steps they have taken to administer the estate to date.
Alternatively, you could apply to the Court for a “direction” that accounts be produced by a certain date. The disadvantage with this route is that it tends to be slower, more expensive and less certain than the route above. The advantage is that it is more flexible so you can ask the Court for other “directions” (not only for an inventory and account). For example, if you are concerned about delay, you could apply for a direction that the executor carries out certain steps by a certain date or you could request that the executor makes interim distributions from the estate.
If the relationship of trust between the beneficiaries and executor has completely broken down, it is possible to apply to have the problem executor removed and / or substituted. This is a challenge because the Court is generally hesitant to go against the wishes of the deceased person who appointed the executor, but the Court may grant the application and remove the executor if it is proved that they are:
No longer qualified to perform the executor’s role
Incapable
Unsuitable
Guilty of serious misconduct while performing their role
The key consideration in applications of this nature this whether the estate can be properly administered with that executor in place and the welfare of the beneficiaries will be paramount.
Find out more from Couchman Hanson
We know it’s stressful if you’re waiting for a Will to be resolved and it’s not going the way you want it. While it may not always be down to wrongdoing on the part of the executor, Couchman Hanson can help you identify the problem and, if necessary, work to resolve matters in your favour.
At Couchman Hanson, our solicitors genuinely care about getting the best outcome for you. We’re highly professional, with ‘city’ level talent and experience, but also friendly and welcoming. Everything we do fits with our values of integrity, honesty and authenticity.
Call 01428 774756 or visit couchmanhanson.co.uk