4 March 2016

Troublesome Executors

We successfully represented the beneficiaries of an Estate in a claim against Executors who delayed the distribution of the assets of the estate for 4 years. One of the Executors was also a beneficiary and it was plain that the reason for the delay was caused by family tensions over the provisions of the Will.  Upon receiving instructions we immediately forwarded a letter of claim to the Executors setting out the clear breaches of their duties and threatening to apply to have them removed as executors if they failed to administer the estate. However, conscious of wishing to avoid litigation (and therefore depleting the assets of the Estate) we worked in conjunction with the remaining beneficiaries to put forward three potential solutions for the division of the Estate which were acceptable to all involved. After negotiations the parties were able to agree a settlement to conclude the dispute and avoid the time, stress and expense of court proceedings.

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About the Author
Elizabeth Beatty, Partner
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