Being appointed as an Executor or Trustee can be a position of great responsibility and it is important that you understand your rights and obligations when discharging your duty.
Executors are responsible for the legal process of administering the deceased person’s estate (probate). Where you have complex family or financial circumstances, then it is advisable to appoint professional executors to administer the estate. For example, this may be the case where you intend to exclude family members or if you have a business, investment properties or overseas assets.
Alternatively, you may have been named an Executor under the Will of someone that has died and aren’t sure what to do next. The complexities of inheritance tax, probate and administration can be tricky to navigate, especially during times of grieving.
If so, our experienced probate solicitors can help by providing specialist legal advice and support to guide Executors through the complicated process of dealing with the estate of a deceased person. Having an efficient and experienced lawyer in your corner can make all the difference when applying to Court for legal authority to deal with the deceased’s estate.
It is common for a Trust to be set up under the terms of a Will, and as a result Executors often discover after the deceased’s death that they have also been appointed as a Trustee of an ongoing Trust. Where that happens, we can assist the Trustees by providing advice on their duties, and help with all aspects of trust administration, such as tax and compliance. We also provide advice and administrative support to long established Trusts and act as professional Trustees, particularly where the trust is complex or where (due to family tensions or other reasons) an independent Trustee is needed. Therefore, if you require advice regarding an ongoing Trust or for a new Trust, then we can provide all the necessary guidance.
Administering an estate or trust, particularly where there are substantial or complex assets, can be a complicated and lengthy process, and disputes can often arise where there are concerns about how the estate or trust is being administered. For example, a dispute between Executors/Trustees and beneficiaries, or concerns over the suitability of the Executors/Trustees to be handling the administration.
We understand that disputing the administration of a trust or an estate is often a last resort, and frequently involves a break down in the relationship between a beneficiary and Executor or Trustee. If you believe that the Executor of a Will or a Trustee has breached their duty of care, or you are concerned about a serious error they have made, we can support you. Similarly, if you are an Executor or Trustee who needs advice on dealing with a dispute with a beneficiary, we can assist.
If you have concerns about an Estate or Trust which do not relate to the conduct of the Executors’ or Trustees’ (perhaps you are worried about the validity of the Will or the deceased’s capacity at the time of making the Will), then for more information on those types of disputes please see our Contentious Probate page.
For initial advice, information about costs or to arrange a meeting with one of our solicitors, email privateclient@bishopandsewell.co.uk or contact 020 7631 4141 and ask to speak to the
Alternatively, please use our quick enquiry form.
