What Are the Signs an Executor is Acting Unfairly or Dishonestly?

When someone is drafting their will, they will typically choose to appoint an executor. The executor is then in charge of upholding their wishes after their death, through carrying out duties such as handling and distributing assets to beneficiaries.

While individuals can appoint legal professionals to be executors, they often choose someone they have a close, personal relationship with. They are often a benefactor of the will, too. However, this does not always mean they will act fairly or honestly. For example, they may try to withhold the information contained within the will or keep more than their fair share of assets.

This article will identify the signs an executor is acting unfairly or dishonestly, so that you can decide on the best course of action moving forward, such as using litigation services.

Signs an Executor is Acting Unfairly or Dishonestly

• Not sharing information: If an executor isn’t freely sharing information, such as important documents relating to assets or the will itself, this is usually an indicator that they are trying to hide something from other beneficiaries.

• Not acting quickly: It usually takes between six to twelve months for a will to be enacted and, while there’s no time limit for taking action, it’s generally considered to be a little suspicious if a benefactor delays kickstarting the process.

• Blatant disregard of the will: In some cases, executors may blatantly disregard the will, such as by withholding inheritance or trying to ‘hide’ assets.

If you have noticed any of the above issues or feel as though they may be acting upon a will that isn’t entirely legal (such as one drafted by an unqualified will writer or one that has been amended without a solicitor) , you should take action as quickly as possible.

What to Do If an Executor is Acting Unfairly

• Communicate your frustrations: The first step to resolving the issue at hand is to communicate with the executor and express their concerns. Ask them to send relevant information your way, such as an inventory of the deceased’s property. Let them know that if they are not forthcoming, you are going to take further action.

• Seek legal representation: If the executor continues to act unfairly, then you should reach out to a qualified solicitor who can support you moving forward. For example, they can talk you through the process of contesting a will.

It also advised that you seek out legal representation if the deceased did not leave a will, as this will help you to protect your best interests moving forward. Either way, a solicitor will be able to guide you through every step of the litigation process, which can be incredibly overwhelming if you do not have prior experience in the legal field.

• Be patient: While you’ll likely want to resolve this issue as quickly as possible, be mindful of the fact that it can take some time.

Litigation Services from Caversham Solicitors

If you feel as though an executor is mismanaging a will or failing to take the appropriate action, get in touch with Caversham Solicitors today. We would be more than happy to answer any questions that you may have or to get started working on your case.