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Executor Disputes

Our specialist team provides clear advice in relation to Executor Disputes. We are proud to be ranked in the top tier of the prestigious Legal 500 directory. Opal Legal has been recognised as a Top 200 UK Law Firm.

Our Executor Disputes Service

An executor or trustee is required to administer an estate and protect estate assets for the beneficiaries. Trust and estate disputes can arise due to the action, or inaction, of the executors, and the consequences can be far-reaching.
 

Claims can arise due to:

The executors or trustees being in conflict and unable to work together – can cause substantial delays to the administration of the estate.

The failure to act in accordance with the terms of the Will, intestacy rules, Trust or Letter of Wishes. – some executors wrongly seek to impose their own decisions on how the estate should be dealt with.

The sale of a property or estate assets at an undervalue - causes loss to the estate and the beneficiaries' entitlement.

Paying a beneficiary the incorrect amount.

Failing to protect the estate assets – causing loss and delay.

Failing to pay the beneficiaries their inheritance.

The executor or trustee has a conflict of interest - for example, the executor or trustee is also bringing a claim against the estate.

Misappropriation of funds or dishonestly concealing assets.

If you have experienced any of the above issues, please get in touch with our executor dispute lawyers and speak to one of our specialists.

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Testimonials

"Opal Legal Services has been a lifesaver for me. Their team of experts helped me navigate through a complex legal issue with ease. I highly recommend their services to anyone in need of legal assistance. Thank you, Opal Legal Services!" 

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Removal of Executors/Trustees

Beneficiaries can remove an executor, trustee or administrator and ensure the estate is dealt with properly. They can also require the offending executor to be accountable for any loss to the estate.

In certain circumstances, it may be possible to apply to the court to substitute or remove the executor or trustee. The use of an independent administrator unconnected to the parties is a useful alternative. At Opal Legal Solicitors, we have our own Trust Corporation.

Using Opal Legal Trust Corporation as a trustee, executor, or administrator can provide certain advantages over using an individual person, such as better expertise and resources and greater longevity because MTC can continue to act even if an individual trustee retires, dies, becomes incapable of acting either temporarily due to holiday/sickness or permanently due to loss of mental capacity.

Many disputes can be resolved amicably and with mediation or other forms of alternative dispute resolution.

Beneficiary Disputes

An executor or trustee may be hampered in their estate administration by overzealous beneficiaries seeking information, updates and accounts. In some cases, a difficult decision needs to be taken in deciding what can or cannot be provided.

An executor or trustee may need to bring or defend claims against the estate. The decision to do so should be considered carefully so that they are not exposed to the risk of personal costs orders. Applications can be made to the Court, enabling the Executors or trustees to have their legal costs paid from the estate.

Careful consideration should be given to the merits of any application, and our team can guide you through the process.

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Why Work With Our Contentious Probate Team

  • We have been ranked as a Top-tier law firm by the Legal 500 for the last seven years.

  • We have been recognised by The Times and The Lawyer as a Top 200 UK law Firm.

  • You will receive expert quality and cost-effective advice.

  • Price transparency - we provide our clients with an estimate at the outset for any work with ongoing updates throughout the matter. When appropriate, we can advise and act for you on a no-win no-fee basis.

  • The contentious probate team is overseen and led by experienced Partner, Helen Thompson, who is a member of STEP (the global professional association for practitioners who specialise in inheritance and succession planning) and has completed the Advanced Certificate in Trust Disputes.

  • All our solicitors are either full members of ACTAPS (the Association of Contentious Trust and Probate Specialists) or are working towards this prestigious qualification.

  • We have the largest team of contentious probate solicitors in the North West ensuring you will receive the very best legal advice and support.

  • We use the latest technology to ensure that we are working efficiently and that geographical distance is no bar to us, from providing you excellent client service.

  • Take a look at the Opal Legal Promise for further benefits of working with us here.

Contact Opal Legal Solicitors

If you have any more questions or would like more information, you can contact our Family Law                                                                                              Solicitors on:

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