Legal Question in Wills and Trusts in United Kingdom

Executor not carrying out will - can executor be changed

The named executor (also a lawyer) is extremely slow at doing anything to carry out the will. Very difficult to communicate with the executor, does not respond to correspondence. Can the executor be replaced. Relates to UK, EU and laws in Cyprus. All beneficiaries named in will(children) of the deceased all agree, there is absolutely no contention in the contents of the will by the beneficiaries, but the executor/solicitor appears to not be carrying out the relatively simple instruction or providing delaying tactics. What redress do we have?

thanks. Bob


Asked on 5/25/06, 8:31 am

1 Answer from Attorneys
Andrew Dutton Legal -Zone

Re: Executor not carrying out will - can executor be changed

I can only advise on matters of law relating to England and Wales. Such does not permit a beneficiary to replace an executor. However an executor does have a duty of care towards the beneficiaries and it would seem quite clear that this executor is failing in that duty. Extreme measures would be an application to the court for his replacement but you might also consider a complaint to his professional body. The executor could well also be liable in damages for any foreseeable loss incurred by the beneficiaries resultant upon his delay.

Other possible action would be dependant upon the specific facts which arise here, and if we can assist further please get in touch.

Andrew Dutton

www.legal-zone.co.uk

[email protected]

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Answered on 5/26/06, 4:34 am


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