Contesting a Will When the Executors are Acting Badly

Contesting a Will When the Executors are Acting Badly

Your brother is an Executor of your late father's Will. You have never been on good terms with your brother but the real problem is that you don't trust him. Your mother died a while ago and your brother helped your father make his Will.When your dad dies, you are not happy at the way your brother is conducting his role as Executor. You suspect he is acting in his own interests. One of the major reasons for clients contesting Wills is that the Executor or Trustee are not doing the job correctly or are acting improperly.These individuals are 'personal representatives' or 'PRs'. The law does require that they follow a defined code of conduct. If they do cross the line of what their legal duties are this can give rise to contesting the Will itself. You are then raising concerns over their conduct when dealing with the Estate.Conflicts of interest can arise where an Executor is also a beneficiary of the Will, where family company shares are involved as part of the Estate or is a director of the company.There could be conflict between the beneficiaies and the Executors of the Will or between the Executors themselves; this can arise within families where there are already underlying frictions.In the case of your brother you may suspect he is being dishonest and not acting in the best interests of the Estate and beneficiaries.Your brother could be behaving obstructively or unfairly in which case an application to the Court for an order to remove him can be made or a substitute PR or trustee is appointed. In this case you are challenging the manner in which the Estate is being managed or distributed.It is frequently the case that Executors are not acting in the best interests of the Estate or the Beneficiaries.You may suspect that the PR's are no distributing property correctly or are making uncessarily risky investments with the Estate funds. They may also be doing some backhanded dealing by transferring property into different names or doing things which conflict with the wishes of the beneficiaries. Steps can be taken to prevent this conduct from continuing.Speak to a qualified lawyer who specialises in contesting a Will; this person will be calm, guide you through the process and will not get tangled up in family divisions or arguments. They will give objective, controlled and legal support.

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