Executor - duration of powers

[Barquentine]

How long does an executor's powers last after completion of admin of an Estate? So, 4 years after Estate has been administered - can an executor still take court action to recover monies due to the Estate?

[Barmaid]

Yes. If you are executor who obtained the Grant, you are executor for life, unless removed by the Court.

However, if the executor is considering taking court action to recover monies due to the estate, they should ask the beneficiaries if they consent in order to obtain protection on costs (ie and are entitled to take any unrecovered costs from the estate rather than bearing them personally). Given that the estate has probably been administered, the beneficiaries may have to contribute to a fighting fund.

Also you will need to consider limitation issues.

[vivandorron]

I can't argue with Barmaid because I am Not a member of the Legal Profession.

However, if the admin of the Estate has been completed, how come there is an issue of monies outstanding to it?.

Ron.

[Barmaid]

Very often things come to light afterwards. It happens from time to time.

[vivandorron]

Thanks Barmaid....You have very quickly answered my question. Hope Barquentine is following your advice.

Ron.

[Barquentine]

I certainly am Barmaid. We want to reclaim care home fees owed to the estate, even though the probate admin is all completed now