subject: Can an Executor of a Will Act Improperly? [print this page] Can an Executor of a Will Act Improperly?
Sometimes, as a result of a person having married more than once, they might ask children from different marriages to execute their Will. It might be that these half siblings have never been close or that they don't get on. Either way, arguments about the deceased's finances will increase the stress already being suffered as a result of the loss of a loved one.These types of scenarios are, sadly, becoming increasingly common with the loss of the 'conventional family'. An atmosphere that is strained and emotional can severely affect relationships and often cause long term problems. Contesting Wills and removing executors are also increasing.There are several reasons which induce tension between executors or between executors and beneficiaries. Whether you are a fellow executor or a beneficiary, you may feel that an executor has failed in executing the wishes of the deceased or not acted with the interests of the estate. This is particularly relevant if the executor is also a beneficiary of the Will or intestacy. Is there an inheritance claim at stake here? Even if you have no personal interest in the estate, you might think that the executor is not being reasonable. It may be simply that they are being argumentative or difficult. You may not wish to contest a Will but simply remove an executor.Another major part of a dispute can be if one party thinks there has been dishonesty when the assets were disclosed. This might happen if executors are trying to claim more assets for themselves, or for a beneficiary they are close to. Or maybe we are simply talking about a disagreement where both parties entertain strong, conflicting views such as the decision to sell a particular asset. Do you really want to contest the Will?It may be possible to resolve an executor dispute simply by gaining professional advice from a solicitor about inheritance claims and the involvement of executors. When the dispute is not quite so friendly however, the claim may be taken to Court.If you are currently involved in a dispute with an executor of a Will in which you are jointly executing or are a beneficiary you will need to make your claim within 6 months of the grant of probate. However the rules are tight so it is advisable to make your claim as early as possible. Make sure that you seek the help of a solicitor who specialises in area of contesting wills who will be able to advise you on your options.
