The administration of an estate can be a very complex and lengthy process. As an executor, you may find that one or more of the beneficiaries are not cooperating in providing information about assets in the deceased’s estate, making your job very difficult. You can sometimes force a beneficiary to provide information through the Courts.
As a beneficiary, you may consider that an executor is taking too long to deal with an estate, or is being deliberately obstructive and delaying the administration, meaning that you have not yet received your inheritance. An executor usually has a period of 12 months to administer an estate, but this can be varied if the estate is complex. It is possible to issue court proceedings to remove an executor, and substitute yourself as an executor in their place. This is a very complicated procedure, and legal advice should be sought before you make any application to the Court, as there is a risk of you being liable for the other party’s legal costs if you are unsuccessful.
Stephensons have a specialist Inheritance Dispute team who will be able to advise you in relation to your case. You may also be entitled to Legal Aid, depending on whether you are financially eligible. Call us on 01942 777777 to speak to someone about your case, and see whether you are entitled to Legal Aid.
