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We acted on behalf of three of the Deceased’s adult children (the ‘Claimants’) in a prolonged dispute concerning the administration of their late parent’s Estate. The Will was valid and not in dispute. It appointed the First Claimant and the Defendant as joint Executors, with the Second and Third Claimants appointed in default.
However, a complete breakdown in family relationships meant that the administration had stalled for more than three years. The Claimants approached us seeking clarity, support, and a practical way to move the Estate forward.
The Estate administration had remained entirely in abeyance.
Despite multiple attempts to resolve matters amicably (including repeated invitations for the Defendant to agree to the appointment of an independent administrator) the Defendant failed to engage substantively, making formal action inevitable.
The named Executors were unable to cooperate on even the most basic steps. The Defendant refused to jointly instruct a solicitor to obtain a Grant, making progression difficult.
The lack of progress led to financial consequences for the Estate, including IHT penalties and interest, and left the beneficiaries awaiting their inheritance.
Providing clear legal guidance - after reviewing the matter, we advised that the appropriate remedy was an application under Section 50 of the Administration of Justice Act 1985 to remove or substitute the Executor. A Part 8 claim was issued, supported by detailed witness statements from all three Claimants.
Continuing to seek co-operation - we continued to seek a resolution and made clear that an independent administrator could be appointed either by agreement or through the Court. The Defendant’s lack of engagement meant that Court proceedings became necessary.
Ensuring transparency and accountability - we sought an order requiring both Executors to disclose all documents relating to their dealings with the Estate, including accounts, records, and bank statements.
Achieving a fair and pragmatic outcome - given the fractured relationships, it was clear that an independent professional was required in order to progress the administration effectively.
The Court ultimately agreed with the Claimants' position and ordered the appointment of an independent administrator. This brought significant relief after years of uncertainty, stress and emotional strain.
We also sought a costs order reflecting the Defendant’s conduct, to mitigate the financial disadvantages suffered by the Claimants as a result of having to seek Court intervention.
We are committed to providing legal assistance to clients facing such issues, to help ensure Estates are properly administered without further delay.
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