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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25486
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Probate/wills As an executor what is the procedure when beneficiaries

Resolved Question:

Probate/wills
As an executor what is the procedure when beneficiaries try to interfere and harass you during administration of an estate. I.e. attempting to get their own house evaluations of the property, even though you have done this already?
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask do you have any other examples of the beneficiaries behaviour please?

Joshua :

May I ask the approximate dated of passing of the person whose estate you are administering?

Customer:

Just constantly calling trying to find fault, threating legal action!


The death was 28/01/13. Date was the probate wasn’t granted until June 2013.


Aim almost finished we everything.

Joshua :

Thanks. Is the estate complicated in any way?

Customer:

No really simple, its taken a long time to find everything out papers etc.

Joshua :

Thanks.

Joshua :

as executor you have overall control of the estate administration however you do have a responsibility towards the beneficiaries in terms of preserving the value of the estate and administering the same in an efficient and competent manner. this does not however give the beneficiaries a right to harass you.

Joshua :

the beneficiaries have a number of rights if they are dissatisfied with the manner in which an executor is administering an estate. they can bring an action to remove an executor however the courts will not do so lightly. they can also bring applications to the court for administration orders in respect of any particular aspects the beneficiaries are not satisfied with. Legatees are entitled To interest upon their legacies following one year after the anniversary of the date of passing of the testator but again, they need to bring an application to the court in order to claim such interest and therefore typically this is not pursued

Joshua :

if you are unhappy with some more all the beneficiaries actions, you may consider writing to them advising that you consider that behaviour towards you to be harassment and requesting that the beneficiaries cease-and-desist contact with you other than by way of correspondence annual consider such further attempts to contact you by phone to be harassment and reserve your position in respect of making a complaint to the police under the protection against harassment act and/or civil damages. you may consider going on to reassure them that the administration is in its final phase and our client a timetable in which you expect to be able to resolve administration of the estate and proceed to distribution.

Joshua :

if the beneficiaries continue to harass you, you may consider contacting the police and/or seeking an injunction as against those beneficiaries in the County Court

Joshua :

on a practical note, it would be as well to consider focusing on completing administration as quickly as you are able at this pointas being able to complete illustration is likely to mean the beneficiaries will have less cause to contact you in any event.

Joshua :

*illustration = administration

Customer:

Thank you Joshua. Brilliant.

Joshua :

A pleasure. If I can assist any further as the situation develops please do not hesitate to revert to me. Remember that as executor you have sole legal control not the beneficiaires. providing the beneficiaries cannot genuinely complain that you are acting against their best interests, they have little in the way of legitimate legal complaint against you

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

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