Executor Misconduct - Key Considerations Explored

Introduction

According to research published by The Times in September 2024, claims against executors had increased by more than 20% from the year prior. The increase in claims was often driven by an alleged mismanagement of an estate or failing to act in the best interests of beneficiaries - claims that we, as practitioners, frequently hear from our clients.

Executors have a duty to collect in and safeguard the deceased’s assets, settle any debts or taxes, and distribute the estate in accordance with the will (or the intestacy rules). But what happens when an executor abuses their position or acts negligently? A concerned beneficiary has several courses of action they can take to try to remedy the situation and see that the deceased’s estate is dealt with correctly.

This short webinar focuses on the issues that a practitioner should consider and advise their client of in respect of suspected executor misconduct.

It is suitable for solicitors practising contentious probate and private client practitioners.

What You Will Learn

This webinar will cover the following:

• The changing landscape of executor disputes
• The most common forms of executor misconduct, including:
  • Lack of transparency
  • Unjustified delays
  • Misuse or misappropriation of assets
  • Improper distribution
• The ways in which concerned beneficiaries and/or co-executors can deal with alleged misconduct by an executor of the estate