Acting as an Executor Part II

1. I know that I am a beneficiary in an estate, but the Executor has not contacted me and as far as I can work out, the Executor is doing nothing. What can I do?

The first course of action that a beneficiary can take is to try and make contact with the Executor to highlight the issues of concern. It may of course be that the Executor has simply not been made aware of their role or duties and they are in the dark as to what steps they need to take. There may simply have been a breakdown of communication. It is essential that all parties explore all options for resolving matters in advance of taking any form of enforcement action.

If the Executor continues to refuse to act or ignores the appointment, then beneficiaries can take steps to request that the Probate Court removes them as Executors for not complying with their duties. The Court will consider what is in the best interests of the Estate. The Court will consider removal in the following circumstances: –

• Disqualification where the Executors position has changed, and they are no longer qualified to fulfil the role.
• Incapacity – where an Executor is not capable of undertaking their duties.
• Unsuitability which can arise where the Executor has been declared bankrupt for example, or there has been a conflict of interest between the executor’s position and the estate, or there has been serious misconduct on the part of the Executor.

What are the consequences of me not acting? For me personally and for the Estate?

There can be financial consequences for the Estate and for the Executor. If debts are not settled, resulting in penalties, interest or enforcement action, this will lead to losses to the Estate and a reduction in the value to the beneficiaries. Assets might deteriorate or reduce in value as a result of neglect. In all these circumstances, if the Executor can be shown to have neglected their duties, then they will be responsible and may be required to make good any losses.

2. What if the Executor does act, but acts improperly or incorrectly?

An Executor will be expected to make good any losses as a result of neglect, prevarication or defalcation. This can extend from However, in the most serious of cases where there has been fraud or serious misconduct, an Executor can be subject of criminal proceedings with a potential custodial sentence if found guilty.

If you are appointed as an Executor and need help in handling the issues involved in administration of an estate, contact our specialist team at Baines Bagguley Penhale who will be pleased to assist.

Contact Olivia Hodgson or Catherine Johnston on 01524 401010.

Or email ovh@bbplegal.co.uk or cj@bbplegal.c