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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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If I find out that the executors have not carried out their

Resolved Question:

If I find out that the executors have not carried out their duties as stated in the will what can I do?
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.

tdlawyer :

Hello, thank you for your question. My name is***** can assist you with this.

tdlawyer :

If an executor is behaving improperly in some way, then you can take action if you are a beneficiary or co-executor against the individual concerned.

tdlawyer :

If executor behaved improperly, they could be removed by the court or substituted with a third party.

tdlawyer :

The court has a power to do this under the Administration of Estates Act 1925.

tdlawyer :

Is often not an easy application to make.

tdlawyer :

You would need to show that the executor has been doing something very wrong, such as stealing from the estate, not keeping proper records or wasting or neglecting estate assets in some way.

tdlawyer :

If probate has been granted, then an application would be made under section 50 of the Administration of Justice Act 1985.

Customer:

The executors have sent me a cheque for my part of the estate along with a list of expenses ingoing and outgoing. The list includes the sale of household items. The amount is an insult to my parents as they had some very valuable items that are not included on the list. when I asked them about these items they reckon that my parents gave them away before they died. I don't believe this as I am sure that I would have been included. I believe that they have taken such items and have not declared them.

tdlawyer :

Okay. That is obviously a very serious allegation of theft. If you can substantiate that, and convince the court on the balance of probability (i.e. more likely than not) that this is what has happened, then the court would almost certainly entertain their removal and/or substitution.

tdlawyer :

Additionally, a claim could be brought against them for the cost of the items stolen.

Customer:

Is it worth paying for a solicitor or should I just leave it?

tdlawyer :

I suppose that depends upon the value of the goods that have been taken.

tdlawyer :

If they're relatively minimal, such as £1000 or so, and to be honest, was that would be upsetting, it might not be considered commercially viable to pursue.

tdlawyer :

If the figure was something more like £10,000, they might start become more worthwhile to pursue. Lawyers are not cheap, and costs can escalate pretty quickly.

tdlawyer :

If you do succeed however, the court should order your costs be paid either from the estate, or more realistically in misconduct cases, from the replaced executor.

tdlawyer :

However, you never recover everything that you spend with your own lawyers, and you will always be out of pocket to some extent.

tdlawyer :

That is why it's particularly important to keep proportionality and potential expenditure in mind at all times.

Customer:

Okay I'll take that into consideration . Thanks.

tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience: 11 years experience of general practice.
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