Suing An Estate Executor For Negligence In Suffolk
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Breach of Fiduciary Duty And the point of reference for what may be done is set out above. To recap, a fiduciary must not: allow their own personal interests to conflict with the interests of their principal. make a profit out of the trust placed in them by their principal which the principal does not know about.
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.
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.
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.
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.
Proving Executor Misconduct Pull the bank statements, transaction records, and communication logs. Let the evidence speak for itself. Beneficiaries or others involved in the probate process can provide detailed accounts of the executor's actions.
