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Trustee and Executor Negligence
The commercial litigation team at JMW can help you either remove an executor or trustee of a will and replace them with someone else, or can help you to make a claim for negligence that led to financial loss. We are highly experienced in cases of this type and can provide the expert guidance you need at what can be a difficult time.
Find out more about how we can assist with your professional negligence claim against trustees and executors by getting in touch today. Call us on 0345 872 6666 or complete our online enquiry form and we will call you back to discuss your situation in more detail.
When a family member or friend passes away, it can be one of the most difficult times in your life. Trust is put in both executors and trustees to act in accordance with the deceased's wishes and deal with the estate in an honest and open way.
However, if you, in the capacity of a beneficiary, creditor or next of kin, feel that either an executor or trustee is not dealing, or has not dealt, with the estate or trust appropriately, you may be able to bring a claim.
By taking legal action, you can either make a claim relating to negligence or remove an executor or trustee before replacing them with someone else.
Executors are persons appointed in the deceased's will to administer the estate in accordance with their wishes. If there is no named executor in the will, the role will be undertaken by a personal representative.
Common reasons for bringing a claim against an executor or personal representative are:
- Debts and liabilities of the deceased have not been paid
- Tax liabilities from the estate have not been dealt with
- Assets have failed to be gathered
- Assets have failed to be distributed properly
If, as either a next of kin or beneficiary, you feel that the executor is not fulfilling their obligations and you want the court to remove and/or substitute the executor, you must be able to prove that:
- They are incapable of completing their obligations
- They are unsuitable for the role
- They have been convicted of a criminal offence and have been imprisoned
Trustees are appointed in a deceased's will to hold and manage assets in a trust on behalf of a beneficiary who is not yet able to manage them themselves due to the terms of the trust.
Trustees have a wide range of encompassing duties that arise from the will, common law and the Trustee Act 1956. They must:
- Comply with the terms of the will
- Act with reasonable care and skill
- Keep accurate records and proper accounts for the estate
- Act jointly if there is more than one trustee, as the decisions must be unanimous
- Not cause any loss to the trust
If you feel that an executor or trustee has not fulfilled their obligations or completed their duties effectively, you should contact a solicitor specialising in this area straight away.
You may be in a position to bring a claim against an executor or trustee and either have them removed or substituted, or recover any financial loss that you or the estate has suffered.
The commercial litigation solicitors at JMW have vast experience in this often difficult area of law and we will be able to advise you on your options against an executor or trustee. We are renowned for our professionalism and will provide the expert advice you need to get the outcome you're after.
We believe communication is key and will support you throughout the process, answering any questions you may have as we go. Our team is now one of the biggest single office litigation departments in the North West and we are able to take on even the most difficult of cases, using all of our experience to ensure you achieve a satisfactory outcome.