If you find yourself in a situation whereby you are the Beneficiary of a deceased persons Will and the Executor of said Will is being difficult by not communicating with you, or providing you with information, then this could amount to Executor misconduct and it should be investigated in order to protect the estate and your inheritance. Unfortunately, in an ever more increasing money driven world, Executor misconduct and Executor disputes are becoming more frequent. However, Executor disputes don’t just arise because of money they can also arise when there are significant family tensions which need to be managed carefully in order to manage an estate properly.
The primary role of an Executor is to carry out the administration of a deceased persons estate in accordance with their wishes laid out in their Will. All Executors have a fiduciary responsibility to the estate and to all beneficiaries. When an Executor is not communicating with a Beneficiary, this directly contradicts the Executors fiduciary duty, which can then cause problems and cause the beneficiaries to mistrust the Executors in being able to manage the estate correctly. Poor communication by an Executor to a Beneficiary can also mean that the Beneficiary does not have all of the information they need in order to enforce their claims. In this short blog, we will explore what a Beneficiary can do if they find themselves in this position.
What information should an Executor provide to a Beneficiary?
All Executors have an express duty to keep all Beneficiaries of an estate reasonably informed during the administration of the estate. Beneficiaries should be informed about estate assets and the administration progress, but, not every finite detail of the estate needs to be disclosed to a Beneficiary and so the question is raised… What information should an Executor provide to a Beneficiary?
Beneficiaries should be provided with general information about the estate and the assets involved and also a copy of the Will should they request one. Beneficiaries should also be provided with a detailed report of the estate accounting; income, distributions, expenses etc. The latter is incredibly important as often an accounting schedule can mitigate any claim made regarding Executor fraud. Executor fraud in simple terms is when the Executor misappropriates estate funds for the benefit of themselves or someone else who should not be receiving those funds in accordance with the Will of the deceased. Any claim made regarding Executor fraud is very serious and can carry severe consequences such as the Executor being held personally liable for the misappropriated funds and compensation.
If an Executor is not communicating with you as Beneficiary, then in most cases it is appropriate to seek your own legal advice in order that the Executor can be made aware of their duties by a legal professional. Should the Executor continue to not engage or provide the information required then it may be the case that removal of the Executor needs to be sought as a remedy at Court.
These types of applications can be challenging and the Court will not remove an Executor without serious concerns as to their abilities. Generally, the Court will only remove an Executor when either, the Executor has been imprisoned for committing a crime, the Executor is mentally or physically disabled to the extent that they would be unable to carry out their duties or when the Executor is not suitable to continue to be Executor as a result of poor conduct.
Executor misconduct is usually found where the Executor has been stealing from the deceased’s estate, has failed to keep good accounting records of the estate distributions, income and expenses, has failed to comply with an order of the court or has been mismanaging the estate and its funds.
How can Laker Legal help?
Here at Laker Legal Solicitors, we specialise in Estate disputes and Executor disputes and so please get in contact with our specialist team of solicitors who are happy to have a free no obligation chat to see how we can help.
