Claims against Executors, Administrators and Trustees

Executors and Administrators of estates are individuals who are responsible for administering and distributing the estate of the deceased person. They are often also referred to by the general term “personal representative”.

It may be possible to take action against the personal representatives if :

• The personal representative refuses to or fails to provide details of estate assets and liabilities to those entitled to this information

• There are unreasonable delays in the process (whether deliberate or not) of administering the estate

• There are concerns over misuse of estate assets and estate property by the personal representatives

• The personal representatives breach their duty of care by failing to take professional advice when necessary

• The personal representative fails to distribute the estate in accordance with the will or under the intestacy rules where there is no will

Alternatively, you may be a third party who has had dealings with the personal representative of an estate and may have grounds for bringing a claim. For example, where the personal representative has made contracts after the death of the deceased, which they have breached.

The above list is non exhaustive and there are several other circumstances where you may be able to bring a claim against a personal representative and if you think that you have a potential action, we recommend that you seek legal advice. Similarly, we also act on behalf of executors and administrators against whom claims have been brought and who are defending such claims.