Disputes between, for, or against Executors or Trustees

Executors and Trustees can be solicitors, but are also often friends or family, who in turn can also be beneficiaries.

The Executor owes a duty to the Estate to deal with the affairs of the deceased by collecting in the assets and discharging liabilities for administration of the Estate.

A Trustee will be appointed where something is left in the will to an individual who is unable at the time to inherit e.g. a child. The Trustee in this case will take care of the assets until the beneficiary is able to inherit.

Professional and non-professional duties

A solicitor appointed as an Executor or Trustee will hold both a professional duty as well as their duty as an Executor or Trustee, and they will receive a fee from the Estate for their work.

A non-professional Executor or Trustee owes no professional duty to administer the Estate or the Trust; they are not usually paid for the administration, but neither should they be out of pocket for any expenses incurred in this role.

Problems with Executors and Trustees

The administration of any Estate can be a complex and lengthy process. It is frequently made more complex if those involved are unwilling to comply with their duty as Executor or Trustee.

Inevitably, there are times when Executors and Trustees make mistakes. These can range from errors around the valuation of property, not distributing any assets quickly enough, through to a more serious breach of trust and misuse of status for personal gain.

How to challenge Executors or Trustees

Your first step is to consult a solicitor, who will be able to help you decide the strength of your case and outline the steps you will make to launch a formal challenge to the Executors or Trustees.

Napthens is among only a few firms in the North West with specialist expertise handling disputes over the execution of a Will by Executors or Trustees. Our expertise has been recognised by the Association of Contentious Trust and Probate Specialists.

We take a supportive and sensitive approach when assisting you with inheritance and Will disputes. This is aligned with a strong technical ability, and the clarity you need to decide the best course of action at this difficult time.

Why choose Napthens?

• Cases handled with sensitivity and professionalism
• Advice tailored to your wishes and personal situation
• Specialists in inheritance and Will disputes