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Executor or Trustee Disputes
If you believe that the executor of a will or a trustee has breached their duty of care to beneficiaries, taking legal action can help resolve a dispute quickly and efficiently. We provide the legal guidance and support for you to make a claim against the executor or trustee.
We can also act if a person who is not a representative of an estate or a trustee has either interfered in the estate or misrepresented their entitlement to assets.
If you are an executor, a personal representative or a trustee and you are unsure how to act or believe you might have made an error when administering an estate, or if there is a trustee or executor who simply wishes to step down from their position, our experts can provide guidance.
We can both bring and defend cases, acting to either recover funds to an estate, or remove an executor or trustee from their role.
If you are concerned about the actions of an executor or trustee, please contact us today by calling 0345 872 6666 and we can advise as to the appropriate steps to take dependent on the circumstances. Alternatively, fill in our online enquiry form and we will get back to you.
How JMW Can Help
Our experienced and knowledgeable legal team will assist during what can often be difficult, lengthy and complex disputes. We can act on behalf of either the beneficiary or the executor, trustee or personal representative to ensure cases are brought to a swift and fair resolution. The Legal 500 praised our team for offering good value for money and for securing settlements in highly complex cases.
Our proven remedies include bringing personal actions for the recovery of funds to the estate or trust, or removing the executor or trustee from the position. We will always take the best course of action to protect your interests.
If you are unsure as to the action you need to take in administering an estate or managing a trust but have yet to take action please contact our Wills, Trusts and Estate planning team who will be able to provide you with professional advice on how to comply with your obligations and protect yourself against liability.
Common Breaches of Care
Breaches of duty of care include:
- Failure to administer an estate in accordance with the terms of a will or intestacy rules
- Failure to administer a trust correctly
- Giving assets to the wrong person
- Causing a loss to an estate or trust
- Breakdown in the relationship between representatives of estate or trustees
- Concealing of assets and dishonesty
- Selling property at undervalue
- Wasting of assets