Suing An Estate Executor For Misrepresentation In Suffolk
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An executor becomes unsuitable to perform his duties if there is either a conflict of interest or some form of serious misconduct. As regards misconduct, this must be very serious in nature, leading to the estate suffering as a result of the misconduct.
Seek mediation: If informal discussions fail, mediation can provide a neutral platform for resolving disputes. Apply to the court: As a last resort, beneficiaries can apply to the High Court to compel the Executor to act or even seek their removal if they're failing in their duties.
If you believe the executor is distributing assets incorrectly or failing in their other duties, you may be able to make a claim against them. You can also apply to the court to have an executor removed from their role.
There is no set time for an Executor to complete the estate administration process, but there is a deadline when it comes to inheritance tax and an order that must be followed when settling an estate.
However, we may not appreciate the onerous nature of the role and that significant legal duties accompany being an Executor or Administrator of an estate. It may therefore be surprising that in September 2022 an Executor was sentenced to prison for failing to carry out his duties adequately (Totton & Anor v Totton).
Innocent misrepresentation occurs when a false statement is made by someone who genuinely believes it to be true and the statement then induces someone to enter into a contract.
Under the Misrepresentation Act 1967, you must be able to prove that you believed that the statement which acted as an inducement to enter into a contract was true. In order to do so evidence to prove that you believed your representation was true must be presented to show that there was no intention to deceive.
Evidence can take many forms, including documents, emails, recordings, witness statements and expert opinions. You should collect as much relevant evidence as possible to show that the misrepresentation was made and that it was material to the transaction.
The starting point is to deny liability in respect of one of the limbs of a misrepresentation claim. To the extent possible, a defendant should seek to demonstrate that the representation was true, that regardless the claimant did not rely on the statement, that the misrepresentation did not cause the loss, and so on.
How to Prove Misrepresentation A representation was made. The representation was false. The defendant knew at the time that the representation was false, or recklessly made the statement without knowledge of its truth. The representation was made with the intention that the plaintiff would rely on it.
