What Occurs When An Executor Does Not Follow The Will?

As the person appointed by a testator to with carrying out the wishes outlined in a will, an executor plays a pivotal role in the administration of an estate. However, if an executor fails to adhere to the instructions laid out in the will, it can lead to confusion, frustration, and legal complications. Here’s what occurs when an executor does not follow the will in the UK:

• Breach of Duty: Executors have a fiduciary duty to act in the best interests of the estate and its beneficiaries. If an executor fails to fulfil their responsibilities or acts contrary to the terms of the will, they may be deemed to have breached their duty.
  
  
• Legal Consequences: Executors who do not follow the will may face legal consequences, including being held personally liable for any losses incurred by the estate or its beneficiaries as a result of their actions or inactions. This could include financial penalties or removal from their role as executor.
  
  
• Challenging the Executor’s Actions: Beneficiaries or interested parties who believe that an executor is not fulfilling their obligations or is acting improperly have the right to challenge the executor’s actions through the courts. This may involve seeking an order from the court to compel the executor to carry out their duties or to remove them from their position.
  
  
• Accountability: Executors are required to keep accurate records of their administration of the estate, including details of any decisions made and transactions conducted. If beneficiaries have concerns about the executor’s handling of the estate, they can request an account of the executor’s actions to ensure transparency and accountability.
  
  
• Seeking Legal Advice: If you believe that an executor is not following the will or is acting in a manner contrary to their duties, seeking legal advice from a solicitor specialised in probate and estate administration is advisable. A solicitor can assess the situation, advise you on your rights and options, and help you take appropriate action to address any concerns.

Ultimately, the role of an executor is one of trust and responsibility, and it’s essential for them to carry out their duties diligently and in accordance with the wishes of the deceased. If an executor fails to follow the will, beneficiaries have legal recourse to ensure that the estate is administered properly and that their interests are protected.

Our team has extensive experience dealing with Inheritance Disputes.

We are sympathetic, understanding, and are here to help you every step of the way.

We can get it sorted. 

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