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Defending a claim brought against executors
Sometimes beneficiaries may decide that they are not happy with the way an executor or trustee deals with the estate or trust. They can ask you to step down or they could start court proceedings to remove you.
Unfortunately it may often be the case that this type of action is coupled with accusations that the executor has acted improperly. Sometimes the beneficiaries may claim that you have caused a loss to the estate by not investing funds correctly or that you have distributed the estate incorrectly. The beneficiaries may also demand to have access to information or documents.
The beneficiaries may believe that you have incorrectly interpreted the Will or trust deed and are not going to properly distribute the estate. This can be a very difficult time for an executor as they will have to make decisions about the precise meaning of a legal document.
How can Linder Myers help?
As an executor and trustee, you owe a duty of care and must be careful about the decisions you make. If you refuse to step down and the matter eventually ends up in court, you may be ordered to pay money toward the costs if you acted unreasonably or incorrectly. It is therefore extremely important for executors to take independent legal advice at an early stage.
Sometimes an executor may be happy to step down voluntarily. However, even in this situation you should be careful to take advice so you are fully protected and ensure no future claim can be made against you.
If you do not want to step down and do not agree with the accusations being made, you will need to act properly to avoid the risk of becoming personally liable. You should try to take full advice before they continue with the administration of the estate, so that they do not create a problem in the future for yourself.
It is important for you as an executor or trustee to know what you should do in case a challenge or claim is made, and know the consequences of your actions before any decisions are made. Professional advice is often a necessary protection and the costs are usually paid out of the estate or trust.
Why choose Linder Myers?
The team at Linder Myers have experience in dealing with all types of executor and trustee problems. We act for executors and trustees in relation to many different issues, which can include one-off advice or in relation to on-going assistance regarding your powers and duties. We work extremely closely with our Trusts and Estates team to ensure that you get the best advice and support.
At Linder Myers we have extensive experience in dealing with all types of actions brought against trustees or executors. Our Trusts and Estates department act as trustees and executors on a day-to-day basis, so we know exactly what to expect and the pitfalls to avoid.
This is a highly complex area of law that requires the utmost skill. We will work closely with you to understand what you want to achieve and how you would like to achieve it. We offer practical advice that will allow you to properly fulfill your obligations as trustee or executor.
