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 the wrong person