We offer a free 30 minute consultation on any contested will case, including situations when an executor is not co-operating.
This is a real life case study of a dispute we recently resolved when the beneficiaries of an estate felt that the executor was refusing to cooperate with them.
There were in fact ten beneficiaries, all of whom were inheriting as grandchildren of the deceased.
The executor of the estate was a retired accountant and a friend of their late grandmother. The beneficiaries had grown dissatisfied with his conduct. He was delaying the administration of the estate and failing to keep the beneficiaries informed. They were also concerned that he was selling assets at an undervalue and may have also been committing other breaches of his duty to the estate.
We were consulted by two of the beneficiaries who wanted to know what their options were when an executor is refusing to cooperate.
We advised them what the executor’s duties were and agreed to take up their concerns with him. We contacted the executor and highlighted the potential breaches of duty. We also made a formal request for key documents which the executor had been withholding.
Read our article on how to remove an executor.
The executor soon realised that if he did not cooperate with our enquiries then there would be serious consequences. As a result he provided the beneficiaries with all the information they wanted which satisfied their concerns. He also promptly finalised the administration of the estate and distributed the assets to the beneficiaries.
Our clients and the other beneficiaries were delighted with the outcome and very pleased to finally receive their inheritance.
This case study illustrates that formal court action is not always necessary when an executor is refusing to cooperate and that sometimes all it takes is a robust letter from a specialist solicitor to remind an executor of their duties.