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I haven’t heard anything from the executors of my father’s Will. What are my rights?

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I haven’t heard anything from the Executors of my father’s Will.  What are my rights?

“Executors are appointed under the terms of a Will and their duty is to administer and distribute the Estate in accordance with the wishes expressed in the Will.  They can either deal with this personally or instruct solicitors to undertake the work on their behalf.

Administering an Estate can be a complicated and lengthy process and it is the Executor’s responsibility to ensure it is dealt with properly.  The Executors have a period of 12 months to progress the administration before they can be called upon to distribute the Estate.  However there can often be good reason why an Estate takes longer to deal with.  Where there may be genuine issues regarding an Executor’s actions there are a number of possibly remedies available.

The starting point is always to make enquiries of the Executors.  Ultimately if an Executor is still not undertaking their duty properly or refuses to provide Estate accounts an application can be made to the Court to compel them to progress the administration or deal with a specific issue.

In extreme circumstances the Court does have the power to remove and replace the Executor.  If the Executor is found to have acted improperly and a financial loss has been caused they could even face personal liability.”

Nicola Turner - Litigation solicitor at Napthens Solicitors