How do I bring a claim against an executor

Avatar Image
tizi | 17:35 Fri 30th Jul 2010 | Law
1 Answers
I am a beneficiary and the executor has recently issued a final account. Its clear from this final account that the executor has made payments from the estate for things that are not related to the administration of the estate. The executor has also failed to ensure that all debts were paid before issuing the final account and is now saying that these debts need to be paid from the estate. I have attempted to resolve this without going to court [I got a solicitor to write to the executor about these issues] but the executor is intransigent. What do I need to do to bring a legal claim against the executor [I want to do this myself to limit the costs]. Any advice would be welcome. Thanks


Only 1 answerrss feed

Best Answer

No best answer has yet been selected by tizi. Once a best answer has been selected, it will be shown here.

For more on marking an answer as the "Best Answer", please visit our FAQ.
What sort of things did he pay that were not 'related to the administration of the estate'? Sounds a bit odd - did he think they were or was he just helping himself?

Issuing the final account has no bearing on whether the debts are payable from the estate or not - that's governed by the statute of limitations. There are circumstances where the executor is responsible for settling the debts himself, but still has the right to ask the beneficiaries to pay up.

How much will the claim be? The small claims court is the obvious way forward if the amount is within their limit..

Only 1 answerrss feed

Do you know the answer?

How do I bring a claim against an executor

Answer Question >>