Suing An Estate Executor Without A Will In Middlesex
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Yes, a beneficiary can sue an executor. Common claims against executors include: Breach of Fiduciary Duty: Executors are legally required to act in the best interest of the estate and the beneficiaries. This includes strict detailing of estate assets and liabilities, as well as avoiding conflicts of interests.
1-8 weeks. If the deceased person hasn't left a will, or their will cannot be found or verified, it usually takes somewhere between one and eight weeks to apply for a grant of probate without it. Usually, when the estate is in intestacy, it's a longer process.
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.
Challenges can be made by fellow Executors or beneficiaries There may be more than one Executor appointed and they have to act by agreement. This means that challenges can be made both by co-executors as well as the beneficiaries to an estate. Where there is deadlock directions can be sought from the court.
Executor misconduct can be classed as a crime in some situations. If it's believed that fraud has taken place, this is a crime and the person responsible could be prosecuted.
It is however a very serious criminal offence, and this case serves as a salient reminder that those who decide to keep inheritance to which they are not entitled, will face the possibility of a prison sentence.
Unlike executors, beneficiaries can petition the court to have the executor removed if they are acting improperly or breaching their fiduciary duties. Beneficiaries can also petition the court to surcharge the executor if any of their actions financially harmed the estate. A probate lawyer can assist with this process.
If no executors are willing to act, beneficiaries or the court may appoint someone else to administer the estate. This can be complicated even if beneficiaries agree on who should act, and more so if they do not agree.
If you do not have a loved one who can serve in this role, you have other options. Your CPA. If you work with a Certified Public Accountant (CPA), they may be willing and able to act as the executor of your will. A Trust Company. You also have the option of hiring a trust company to act as your executor. A Bank.
Given the magnitude of the responsibilities and the intimacy of the role, you may want to name a close friend or relative as executor, someone who fully understands and respects your wishes, as well as those of your beneficiaries, and who might handle your sentimental heirlooms and other property more sensitively than ...
