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Executor and Trustee Disputes


Our specialist team can help you with any Executor or Trustee dispute.

Typical Executor and Trustee Dispute Claims

The duties of an Executor and a Trustee are extremely important but can also be complex. The terms Executor and Trustee can be interchangeable but essentially, the Executor deals with the managing and distribution of the deceaseds Estate and is usually appointed within the will. Whereas a Trustee is usually appointed by the terms of any trust agreement and deals with the management and protection the assets.

Whether your claim is regarding distribution of assets, disputes between executors or potential issues as to how a trust is managed, we can help. Here are some typical claims:

Failure To Administer the Estate or Trust Correctly

If the Executor or the Trustee mismanages the Estate or Trust Assets, claims can arise. Poor or negligent administration of the Estate and/or any Trust can be detrimental to the value of the Estate and/or the assets contained within the Estate or the Trust.

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Distribution of Assets

Where distribution of assets are delayed, this can result in a loss for example, share prices may decrease, property may fall in value or investments may decrease in value.

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Poor Investment Decisions

If the Trustees are negligent in their investment decisions, then this can lead to financial loss. The beneficiaries can look to claim against the Trustees in respect of any loss arising from their negligence.

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Failure To Pay Estate or Trust Taxes

If an Executor or Trustee fails to submit tax returns or pay the taxes on time, this can lead to financial losses which may result in a claim.

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Misinterpretation of the Will

The specific terms outlined in the Will or Trust must be followed. If they are not, then a claim may arise.

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Disputes Between Executors and Trustees

Where there are disputes between Executors and/or Trustees as to how the Estate should be managed or the Trust implemented then it may be necessary to remove an Executor and/or a Trustee, so as to allow proper management and distribution of any assets.

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What is an Executor?

An Executor has been appointed by an individual who has made a will to manage and distribute their estate in the event of their passing. They should follow the instructions of the will and ensure the deceased wishes are carried out.

If you have an Executor dispute, get in touch today.

What is a Trustee?

A Trustee manages assets and money held in a trust on behalf of the beneficiary. A Trustee may be appointed due to the beneficiary being under the age of 18 or to manage a trust set up in a Will. The trustee should follow what is outlined in the Will.

If you have a Trustee dispute, get in touch today.

Our Approach To Executor and Trustee Disputes

Our approach sets us apart. We are client-focused and approachable. We understand that whether you have a dispute between executors or trustees, these often involve members of the same family. We aim to provide a sensitive and careful approach yet ensuring where possible the outcome you seek is achieved.

STEP 1
Case Evaluation

We start with a thorough assessment of your case to understand the complexities and determine the merits of your claim. We will gather all necessary information and put together a clear picture of your case.

STEP 2
Diligent Preparation

Once we have assessed your case, we prepare by assembling a strong foundation for your claim. This includes gathering detailed documentation, seeking advice from experts if necessary, and putting together a plan personalised to your unique circumstances.

STEP 3
Robust Representation

With thorough preparation in place, we provide robust representation to advocate for your interests. We are determined to fight relentlessly on your behalf, whether through negotiation, mediation, or litigation, to achieve the best possible outcome for your case.

We will resolve matters through negotiation, mediation, or other methods of alternative dispute resolution whenever possible. However, when court proceedings cannot be avoided, we ensure they are conducted professionally, skilfully, and as cost-effectively as possible.

Need Assistance? Get In Touch Today!

Our approach to handling contentious probate disputes involves a thorough evaluation of the case, diligent preparation, and robust representation.

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