Can an Executor of a Will Act Improperly?



If a person has remarried, they might ask children from different marriages to be the executors of their Will. Maybe these half siblings don't know each other that well, or just don't get on. Arguments about the finances of the deceased will just add extra stress to the emotions of losing the 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. There has also been an increase in contesting wills and removing executors.

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 might just be that you are finding them difficult and argumentative. You may not wish to contest a Will but simply remove an executor.

Dishonesty in the disclosure of assets also quite often features as a major part of a dispute. This might happen if executors are trying to claim more assets for themselves, or for a beneficiary they are close to. Or perhaps it is just a disagreement where the parties involved have totally opposite views, such as when it comes to whether or not to sell a specific asset. Are you sure you 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. If the dispute is not so amicable, however, the claim may end up going 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.