What is my role as an executor in an estate dispute?

When drafting a Will, a testator must appoint at least two executors to administer their estate. It is the role of the executors to administer the estate in line with the terms of the Will.

The appointed executors can often be friends and family or professionals such as solicitors. Regardless of the nature of the executor, should they accept their appointment as executor, and a dispute arises, they will be party to the dispute until its conclusion.

In cases where the deceased left no Will, often family or friends will apply for letters of administration for their estate and once these have been granted, they become the personal representatives (“PRs”) of the estate and will have the same responsibilities as executors.

The executors/PRs owe a fiduciary duty to the estate and all beneficiaries to act in their best interest. It is their role to uphold the wishes of the deceased and manage estate administration. They must act impartially in managing the estate and any dispute and cannot allow their personal feelings to influence their roles. If there is any indication of an executor acting in the interests of any party, including themselves, they can be found to be in breach of their duties.

If an executor intends to bring a claim against the estate, they must first renounce their appointment as their continuation of their executor duties whilst also pursuing a claim against the estate would be a conflict of interest. Only once they have renounced their appointment would they be able to pursue their claim. In the case of estates without Wills, if a person was considering a claim against the estate, then they should not look towards applying for the letters of administration as this would make them PRs of the estate and place them in a position of conflict. Where a person is appointed as an executor, and they intend to bring a claim against the estate, they should renounce their appointment at the outset.

In the event of a claim being considered or raised against an estate, it is important to seek legal advice at the earliest opportunity as a position of conflict could be avoided with early advice and intervention. Contact Stephensons today on 0161 696 6178 to speak to our specialist inheritance dispute solicitors.