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Commercial Trustee and Executor Claims
If your business is placed in a position it becomes necessary to remove an executor or trustee of a will due to negligent behaviour, the commercial litigation experts at JMW Solicitors are here to help.
We are highly experienced in cases of this type, and can provide the expert guidance you need to resolve a sensitive will dispute, replace an executor or trustee when necessary, or make a claim for financial losses that resulted from their negligence.
Find out more about how we can assist with your professional negligence claim against trustees and executors by calling JMW on 0345 872 6666. You can also fill in our online enquiry form to request a call back to discuss the situation in more detail.
How Can JMW Help?
The commercial litigation solicitors at JMW have considerable experience in helping organisations to take action against an executor or trustee when it is felt they are not managing the affairs of an estate or trust appropriately.
The death of someone connected to a business can be a sensitive and difficult time, and 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. If this does not happen, it can cause business disruption and practical issues, as well as emotional upset.
If you - in the capacity of a beneficiary, a creditor or as next of kin - feel that an executor or trustee is not fulfilling their duties, we can help you to make a negligence claim for any losses you have sustained, or move to have an executor or trustee removed and replaced.
We are renowned for our professionalism, and will provide the expert advice you need when dealing with the negligence of an estate representative to get the outcome you are after. We believe that communication is key and will support you throughout the process, answering any questions you may have at all stages.
As one of the biggest single-office litigation departments in the north west, JMW is able to take on even the most difficult executor and trustee negligence cases, using all of our experience to deliver a satisfactory outcome.
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 include:
- debts and liabilities of the deceased having not been paid
- tax liabilities from the estate having not been dealt with
- failure to gather or properly distribute assets in accordance with the terms of the will
If you feel, as a beneficiary, that the executor is not fulfilling their obligations and you want the court to remove 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
Can I Claim Against a Trustee?
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 personally, 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 a trustee fails to uphold these responsibilities, it may be possible to bring a negligence claim against them.
Talk to Us
If you would like to find out more about commercial negligence claims against executors and trustees, contact us today to explore your options. Call us on 0345 872 6666, or complete our online enquiry form to request a call back at your convenience.
Partner and Head of Department
Commercial Litigation/Corporate Recovery and Insolvency