When drafting a Will, it is crucial that Testators carefully consider who to appoint as their executors.
Unfortunately, there are many cases where an executor can knowingly or unknowingly breach a testator’s trust. Our team of expert will, trust and estate solicitors are specially equipped to handle your misconduct claim and will strive to ensure your estate is managed with your best interest always in mind.
It is the executor’s responsibility to collect and distribute the deceased’s estate according to the Will, as well as work out any taxes due.
Executors are in fiduciary relationship with the beneficiaries and, therefore they should prioritise the estate’s interest.
Executor misconduct occurs where executors knowingly or unknowingly breach the testator’s trust. This can happen through carelessness, such as failing to communicate adequately with beneficiaries, incompetence, or placing personal interests above those of the estate.
Executor misconduct has serious consequences such as removal from the office, being ordered to repay money to the estate, being held personally liable or even an immediate custodial sentence.
Managing estates can be very complicated and requires a sophisticated understanding of probate law and a strategic approach to litigation.
Our team of contentious probate lawyers are skilled at resolving executor disputes and will work with you to achieve the best result.
For a consultation on how we can support you, please call us on +44 (0) 208 092 2700 or email info@barnes-law.co.uk.