Claims against the personal representatives
Claims against the personal representatives or executors for breach of duty or failure to administer the estate in accordance with the law which has caused loss to the estate
Trustees have a duty under section 1 of the Trustee Act 2000 to exercise reasonable skill and care in all the circumstances, albeit this duty may be varied by the terms of the will. They are also required under section 25 of the Administration of Estates Act 1925 to administer the estate in accordance with the law.
Common examples of breach of duty and failure to act in accordance with the law include the following:
- Selling property at undervalue
- Failing to dispose of assets before they lose their value
- Using estate assets for their own purposes
- Investing in unauthorised assets
- Failing to account for profits
- Failing to act impartially
- Failure to invest prudently, or at all
- Paying out in the wrong order
- Paying out the wrong amount
- Paying out to the wrong person
If you’re an executor and you need advice regarding your duties and obligations, or if you’re concerned that someone may be in breach of their executor responsibilities, we’re here to help. Our team of experienced solicitors offers expert advice and support to ensure you fully understand your role and legal responsibilities. Navigating the complexities of estate management can be challenging, but with the right advice, you can manage your duties with confidence. Contact us today to discuss your concerns and get the support you need.
To arrange an appointment:
- Call our Enquiries Team on 03330 144455
- Email enquiries@redkitelaw.co.uk
- Visit redkitelaw.co.uk for contact details of your nearest office