The passing of a loved one is an incredibly emotional experience, and navigating the management of their estate can be daunting. Discovering that their estate is being mishandled and their wishes in their Will are not being adhered to only adds to the distress, making an already difficult situation even more challenging to handle.
So, what should you do if a loved one’s Estate is being improperly managed by an untrustworthy individual?
Francesca Rigby, Senior Associate and the Head of our Wills, Probate and Planning for the Future Team at Bromleys, delves into the intricate processes and emotional challenges that arise when handling a loved one’s estate.
What’s the Best Way to Handle a Will?
The passing of a loved one brings immense grief, and everyone will cope differently. Often people seek clarity and certainty, particularly when it comes to dividing a loved one’s estate and settling their affairs. This process can often provide much needed closure.
However, when an executor does not fulfil their responsibilities as they should, the journey can become more complicated. It’s important to remember that you don’t have to face these challenges alone.
Managing an estate can be a lengthy and emotional process, making it crucial for the executor to be trustworthy and diligent in their duties.
To ensure the probate process runs smoothly, it’s advisable to seek legal advice early on. A solicitor can provide guidance on the legal requirements of the executor and help navigate any complexities that may arise. They can also assist in mediating disputes among beneficiaries, ensuring that the executor’s actions are transparent and in accordance with the Will.
What’s the Duties of the Executor?
To manage an estate properly, executors must obtain legal documents known as the grant of probate which give them the authority to manage the deceased’s affairs.
Executors are entrusted with significant responsibilities, and their duties are legally outlined to help them through the estate administration process. These legal guidelines ensure the estate is managed correctly and the executor is held accountable.
Their duties include:
- Collecting and managing the deceased’s assets according to the law.
- Providing the court with a complete inventory of the estate and a report on its administration.
- Submitting the grant of probate or letters of administration to the High Court when required.
If an executor fails to act or refuses to perform their duties, it can greatly affect the beneficiaries, causing additional stress in an already emotional period. In these cases, it’s important to consult with a legal expert to understand the necessary legal steps to resolve the issues at hand.
What to do if issues arise?
There are several legal avenues that can be pursued if an issue arises with an executor. Legal specialists can provide comfort and reassurance for beneficiaries, guiding them on the necessary steps needed to resolve any problems.
Whether it involves serving notice on an executor who hasn’t applied for the necessary legal paperwork, issuing a subpoena or citation for the delivery of a Will, or requesting the Court’s permission to replace the executor with someone else, these processes provide a framework of responsibility.
This framework can be a lifeline for people struggling with an executor who refuses to act. It can also serve as a wake-up call for executors who are having difficulties with their duties and need clarity in their role.
If faced with an executor who is refusing to act or holding up the winding down of someone’s estate, it is essential to seek specialist legal advice. Similarly, if an executor is served with a subpoena or citation, they should ensure they understand their position with the right legal support.
How Can Bromleys Help?
Bromleys has extensive experience in helping with Wills during difficult times. We understand the emotional and legal complexities involved in estate administration and are committed to providing compassionate and expert guidance when you need it most.
For a consultation with a member of our legal team call us on 0161 884 0905 or make an enquiry to get in touch.