I an very unhappy about how the Executor of a will is performing his role, can I bring a legal claim against him?. Is it even possible for a legal claim to be brought against an Executor?
The Answer from Talk2Solicitors.co.uk
An beneficiary of a will can sue an Executor, as Executors can be personally liable for unpaid amounts or assets not given to beneficiary of a will or a creditor of the estate over which the Executor has been given control over.
Watch out – Executor’s can protect themselves from legal claims
Section 27 of the Trustee Act 1925 provides ways in which Executors and Administrators can get protection from being personally liable to a certain extent.
Under Section 27 of the Trustee Act 1925, an Executor can use adverts to protect him or herself from personal liability. There are adverts usually made by a Solicitor, the adverts state that any person with an interest or potential claim against the estate of the deceased, should contact the Executor within a specified amount of time. Such adverts must be placed in certain newspapers as stated Section 27 of the Trustee Act 1925.
Legal claims brought by missing beneficiaries or creditors
An Executor or Administrator does not have any legal protection from the claims of beneficiaries or creditors who could not be traced during the distribution of the assets of the estate. Therefore, if you are one of those beneficiaries or creditors you will be able to make a legal claim against an Executor, even after the assets of the estate have been distributed.
If you would like to get advice on bringing a legal claims against an Executor of a will, you can get legal advice online from a Wills and Probate Solicitor on Talk2Solicitors.co.uk