Executors are squabbling 12 months after deceased can I question eithers intention?

Question

Hi all... (UK law) a cherished relative passed away a year ago this october. Probate was granted very swifty. The sale of the house has gone through within a few months of this and everything I would have expected to pass without any problems. Unfortunately the two executors do not appear to see eye to eye. One has taken it upon herself to discredit the other one. It seems that she chooses to contest an expense of the other per letter to the solicitors (including questioning a nominal fee paid for a debt to the deceased's Milkman!!). Other qibbles are larger (like the sale of the house, which ironically was sold for more than asking price). I am sure that this person is hell bent on using the funds (running total is in the 1000's just for these letters) in the estate to just cause problems and settle some unkown family rift. Can i seek legal intervention to question/understand/bring to light her motives? Is more than a year unreasonable amount of time?

Answer 1

Hi Tyler,

Well, in law, if you have some suspicion of malpractice on the part of the executors then you should seek independent legal advice. There is legislation in place that governs the conduct and powers of executors. They can be removed and any discrepency may have to be made good by the offending executor. He/she could also be liable under the criminal law.

Talk to a solicitor who specialises in wills and probate law.

Good luck.

Answer 2

It seems that the executors have already placed the matter in the hands of solicitors and it is hard to see on what basis you can intervene unless there is proof of wrongdoing. In this case, while it looks like needless quibbling to you, the offending executor might even be able to argue successfully that he/she is being diligent and conscientious.

This is a family affair and some people seem to behave nastily after a bereavement, probably as the result of grief. It's just the way it takes them. Is there nobody who can have a word with the quibbling executor and point out how very expensive it could turn out for everyone if this matter gets to court? Because of the personal nature of the dispute, it could also be very emotionally damaging. I have personal experience of this, as it happened in my family and not only were people quite ill as a result, but it created a rift in the family which appears to be permanent. You really should avoid being embroiled in litigation, which is only going to eat further into the assets of the estate. One year is not an excessive amount of time, particularly bearing in mind that there was a property to be sold. Try to weather the storm.

Answer 3

Phone the Law Society and ask them to put you in touch with a solicitor. A lot of them will give you a 20 min interview for free