Howes Percival Will and Testament

Back

Replacing an Executor

7th January, 2022 by Jennifer Laskey

When a testator chooses an Executor for their Estate they are selecting someone who will faithfully deal with the administration and act in the interests of the various beneficiaries.

An Executor should take the role seriously and get on with the job in hand in a timely manner. In many Estates an Executor will be able to call in all the assets of the Estate, settle any liabilities and make the distributions that are set out in the Will within a year after the date of death. In more complicated Estates this will not always be possible but the beneficiaries will be able to see that progress is being made.

The Team were recently instructed by a beneficiary who came to see us some six years after a relative died. During that time the Executor had taken no steps in dealing with the administration of the Estate.

We engaged in discussions with the Executor but they were unwilling to progress the administration of the Estate. As a result we were able to reach an agreement with the Executor that they would step aside and that an independent professional Executor would be appointed to take on the administration of the Estate.

This appointment – confirmed following an application to the Court – allowed the administration of the Estate to be finalised within months and the beneficiaries were able to receive their entitlements in the Estate.

If the administration of an Estate is not going as it should our Team can help to investigate what is happening and work to ensure that beneficiaries receive their proper entitlements.

Emotions are understandably raw after a death and not all Executors feel able to start work immediately but undue delay may indicate a problem. Expert legal advice can ensure that the interests of beneficiaries are protected and Executors are encouraged to take the right action.

If an Executor does not advance the administration of an Estate they can be replaced – either by agreement or by a decision of the Court so beneficiaries need not feel powerless if they have concerns.

Our experienced team at Howes Percival can assist on all aspects of Contentious Trust and Probate. For more information click here.

Related Case Studies

Howes Percival Will and Testament

Defending a claim under the Inheritance (Provision for Family and Dependants) Act 1975

A leading member of the team was instructed by brothers who wished to defend a claim brought by their…

Howes Percival Countryside

Giving effect to promises – still a knotty problem for the Courts: The Supreme Court decision in Guest v Guest

The recently decided case of Guest v Guest shows the complexity of claims based on promises and how…

Senior couple

Co-habitee claims under the Inheritance (Provision for Family and Dependants) Act 1975

The myth of common law marriage still abounds – many people believing that in the event of their death…

Get in touch

To contact us, please fill out this form and we will get back in touch as soon as possible. Your personal data will be processed in accordance with our privacy policy which can be found here.

Thank you for your enquiry. We will respond as soon as possible.

First Name

Last Name

Phone Number

Location

Email Address

Service Required

Message