DISPUTES WITH EXECUTORS OR ADMINISTRATORS

The personal representatives, executors or administrator is the name given to the person appointed to administer an estate.  The person that is appointed to this role have obligations and duties that they must observe when they are dealing with the administration of the estate.

Their role includes taking steps to preserve the deceased assets, secure their property, notify their bank and freeze accounts and secure investments.  They must also take steps to identify any liabilities.  They may need to arrange to physically secure a property, turn off utilities, make sure it is locked and insured and collect any personal papers that will assist them to identify assets and liabilities.

When they have valued assets and liabilities they will be able to calculate inheritance tax liabilities, apply for a Grant of Probate (see Apply for Grant of Probate) or Letters of Administration (see Intestacy) and arrange to pay the inheritance tax.

The personal representatives must make sure that the deceased’s wishes are carried out.

If you are concerned about the way that a personal representative is acting then we can review the papers and advise you whether they have failed to carry out their duties and what steps you can take to remedy the situation.

In certain circumstances a personal representative may be removed from their role, they can be forced to provide a statement of account to confirm what action they have taken, and they can be held responsible for any losses suffered by the estate as a result of their actions.

For more information contact rw@startpointlaw.co.uk or telephone 01548 288008