Suing An Estate Executor For Negligence In Middlesex
Description
Form popularity
FAQ
But even though it's now in your estate, you can't ignore the debts. Creditors can apply for an 'Insolvency Administration Order' within five years of the death.
Eligibility. The Act states that a Spouse or Cohabitee or Child or other person maintained by the deceased can potentially make a claim. The Applicant must be alive to claim and if they die then their personal representatives cannot continue with a claim.
Under the LRPMA 1934, eligibility very much depends on if the deceased left a Will. If they did, then the Executor of their Estate, named in the Will, is eligible to bring or continue a claim. If the deceased did not leave a Will, then a set list is followed as outlined in the Administration of Estates Act 1945.
Fiduciary Duty This duty requires them to be honest, fair, and diligent in managing the estate. They must avoid conflicts of interest and cannot benefit personally from their position, other than receiving any compensation specified for their services.
Where an executor breaches their duties, by failing to communicate with beneficiaries or withholding inheritance monies, then legal action can be taken against them. This includes making an application to have them removed as executor.
An executor has a fiduciary duty to always act in the best interest of the estate. This means that if an executor does not act in the best interest of the estate, they may be subject to court intervention and penalties for a breach of their fiduciary duty.
