Claims Against Executors / Administrators

Claims Against Executors / Administrators in Chesterfield, Sheffield, Dronfield and Mansfield

We can help you with your dispute

Their responsibilities include:

Collecting the deceased’s assets;
Paying any outstanding debts;
Preparing accounts detailing the assets and liabilities in the estate;
Distributing the estate in accordance with the Will (or intestacy rules in the event that there is no Will).

The Executor has a duty to carry out these tasks and to do so without any undue delay. If you are a beneficiary, you may feel that the Executor is failing to comply with their duties and that they are not acting in your interests.

Alternatively, if you are one of two or more Executors you may feel that another Executor is delaying the process or failing to comply with their duties.

In either case, you may be able to apply to the court to have an Executor removed from their role.

You may also be able to pursue a claim to recover any losses that might have been caused to the estate by the Executor’s breach of duty.

Our Dispute Resolution Team are regularly instructed to act in relation to disputes relating to the administration of estates and have acted in numerous applications to remove Executors, both on behalf of Claimants and Defendants. We will aim to identify your goals and the most effective ways of achieving your aims at the outset of your case. We will try to resolve your case without the need for court proceedings wherever possible and we are skilled in all forms of Alternative Dispute Resolution (including mediation).

Success Stories

Removing a co-executor

We acted on behalf of an executor in an action to remove a co-executor, who had refused to cooperate in obtaining a grant of probate and administering the estate, due to a family dispute. We were successful in securing the removal of the executor and securing a costs order against the uncooperative executor.

Dispute between client and sibling

We acted on behalf of client to defend a claim for her removal as executrix, against the background of a long-running dispute between our client and her sibling. We were successful in negotiating terms of settlement and preserving our client’s executorship.

Withholding the testator’s original will

We acted on behalf of a client whose brother and co-executor withheld the testator’s original will and refused to apply for grant of probate. We subpoenaed the uncooperative executor to deliver the Will to the Probate Registry and were compelled to enforce the subpoena via committal proceedings due to a continued refusal to comply. We were successful in securing the order sought, together with payment of our client’s costs.

Failed to take action to obtain a Grant of Probate

We represented a client whose sister and co-executor had failed to take action to obtain a Grant of Probate for a period of in excess of 2 years following the testator’s death. We were successful in resolving the dispute via negotiation, following the commencement of court proceedings, and securing payment of our client’s costs.

Refusal to cooperate

We acted on behalf of a client whose brother had moved into the testator’s property following the date of death and who refused to cooperate with the administration of the estate, which would have required him to vacate the property so that it could be sold. We secured an order for the brother’s removal as executor and payment of our client’s costs.

Common Claims Against Executors / Administrators Questions

Can the executors and beneficiaries be the same people?

Yes. In most cases, there is no reason why the people inheriting your estate can’t be the same people as those dealing with the practicalities. We can tell you whether this will cause a problem in your particular circumstances.

What options are available where an Executor/Administrator is not carrying out their role properly?

There are a number of possible outcomes such as the Executor/Administrator agreeing to stand down or be replaced, the Executor/Administrator undertaking to carry out their function going forward and even the removal or replacement of the Executor/Administrator. No two situations are the same and therefore consideration must always be given to the most favorable outcome given the specific facts of the matter.

Wills writing

Jenna was fantastic, I will definitley recommend to family and friends. I will not hesitate to use your services again.
Mr & Mrs B, Sheffield

We wish to thank Banner Jones for incredible assistance in guiding us and explaining the process of our Wills and LPA'S.
Mr & Mrs S, Chesterfield

I am a 93 year old lady, and I was treated as if I was family. Caring and helpful in explaining everything to my dull brain. Thank you.
Mrs F, Old Whittington

From the minute you walk into reception you are put at ease, and this continues right through the chain. Would recommend them any time.
Mr G, Chesterfield

I can’t thank Banner Jones enough for the kindness and patience, and would highly recommend this firm.
Mrs S, Chesterfield

Will Writing

Excellent company. Highly satisfied.
Mrs H, Ashgate

Probate Administration

Exceptional service; professional but friendly. Felt at ease and relaxed when given explanation of the matter being dealt with at a very sad time.
Mrs L, New Tupton

We had Wills drawn by a different solicitor’s firm who left us confused and anxious. By contrast, the solicitor was patient, helpful, clear and gave us good advice. Thank you for an excellent service. We recommend Banner Jones highly for Will writing.
Mr & Mrs G, Old Tupton

Will Writing

Excellent customer service. Prompt and efficient. I found Jenna to be kind and considerate during our meetings.
Mr & Mrs H, Hasland

The young lady was so friendly and helpful, and made me feel comfortable – which is a rare thing these days
Mrs T, Sutton In Ashfield

Will Writing

Very helpful and pleasant. She was very professional, and answered all my queries. I would have no hesitation for asking for her assistance if ever I need a solicitor in the future.
Mrs R, New Whittington

Being left on my own to make another Will was hard for me, but it was made easier by the staff of Banner Jones. It was dealt with quickly, sympathetically and was able to help Ashgate Hospice.
Mrs S, Newbold

Very helpful and friendly. Everything was explained in a way that made it easier to understand.
Mr & Mrs M, Dronfield

Clear, precise, friendly information on the issues we had. Will use Banner Jones for any future legal advice and issues.
Mr & Mrs M, Chesterfield

Will Writing

Very happy with services offered by professional people.
Mr & Mrs H, Mansfield

Writing a WIll

I would give you 10/10. Very good.
Mrs P, Bolsover

Thank you for helping me prepare my Will. I thought it may be a daunting experience, but I was given great advice by Becky. I think it is also a fantastic idea to donate to the John Eastwood Hospice.
Mr S, Forest Town

Writing a Will

Everything was dealt with efficiently.
Mr & Mrs J, Glapwell

Thank you for dealing with everything in a professional, pleasant and friendly manner.
Mrs R, Mansfield

Very friendly experience with clear and uncomplicated explanations, giving us confidence in the professional service.
Mr & Mrs L, Grindleford

Will Writing

A very friendly and helpful service from start to finish.
Mrs C, Shiregreen

Staff who have helped me at Banner Jones have been professional, courteous, prompt and kind. Special thanks for advice and updates (about safeguarding ideas too), and for my Will.
Ms R, Bolsover

I found Natalie very courteous, and she has a lovely disposition. She’s very easy to talk to.
Mr L, Chesterfield

The service I received couldn't have been better!
Mrs C, Chesterfield

Your sensitivity on your home visit to deal with Mum’s Will was absolutely brilliant.
Mr & Mrs J, Barlow

Excellent service – friendly staff explained everything to me in ways that I could understand.
Mrs C, Bolsover

My Will was drawn up speedily and expressed my wishes precisely. Miss Fowlston was pleasant, helpful and produced exactly what I wished for.
Mr S, Brimington Common

All my requests were dealt with efficiently and with respect for my situation, after my recent loss.
Mrs B, Morton

Our experience with Banner Jones was friendly and efficient.
Mr & Mrs H, Brockwell

Put everything in black and white and Banner Jones “Will” see you right.
Mrs W, Shuttlewood

A very prompt and helpful group of lawyers. First class service.
Mrs T, Tuxford

Everything in plain English.
Mr & Mrs S, Crookes

Very prompt & efficient service provided, meeting a tight schedule.
Mr C, Mansfield

The service I got was excellent. Staff were really helpful. The solicitor that dealt with my case was really helpful and I thank her. I would recommend this firm to anyone.
Mr M, Chesterfield

Katie was the advisor who dealt with me. I found her to be friendly and very helpful. She explained anything to me that I didn’t understand.
Mr W, Chesterfield

Excellent, professional and supportive communication throughout. Thank you very much, Kat.
Mrs B, Shirland

My family, and our business, always use Banner Jones Solicitors for a range of legal services. From wills and property purchases to more complex commercial legal matters, I would not hesitate in recommending Chris Sellars and the team at Banner Jones Solicitors.
Throughout my dealings, Chris has shown fantastic communication skills, judgement, perseverance and research knowledge and I cannot praise him and Banner Jones enough.
Chris Breeze Managing Director â€“ DCJ Group Insurance, Chesterfield

Your service was very satisfactory and pleasant.
Mrs H, Mansfield

The staff were kind and helpful
Mrs T, Mansfield

Banner Jones provided a friendly welcoming professional environment when we visited their offices and the advice and service was first class. We would certainly use Banner Jones for the other services as well and will recommend the company to family and friends.
Mr & Mrs S, Chesterfield

Very efficient, friendly and professional. We would definitely recommend to friends and family. They made the whole experience problem free.
Mrs W, Mansfield

We’re really grateful for the work you did for us. 10 out of 10!
Mr & Mrs S, Bridlington

Very easy to make appointments, very personal service from all people at Banner Jones, my solicitor was very friendly and put me at ease. If I needed a solicitor again, Banner Jones would be the first on my list.
Mr C, Dronfield

Brilliant service, kept well informed all the way through the process. Would definitely recommend.
Miss H, Nottinghamshire

Cannot fault the service, efficient, prompt and cautious. Matters explained very well and clearly. Pleasantly surprised.
Mr & Mrs D, Mansfield

Service provided was excellent. All the staff were very helpful, considerate and professional. I would highly recommend to friends and family.
Mr W, Nottinghamshire

Banner Jonesprovided me with a very professional and friendly service in difficult, personal circumstances and I cannot reccomend them enough. 10/10.
Mr T, Chesterfield

Excellent, efficient service, Katie was very pleasant and polite. We were made to feel at ease.
Mr Mrs C, Dronfield

Natalie was very professional and friendly. Good listener, very caring. Thank you Natalie.
Mrs M, Mansfield

All my dealings have been with Sarah who has always been professional, knowledgeable and extremely helpful. I would recommend Banner Jones.
Mr P, Derbyshire

Excellent, professional service.
Mrs M, Mansfield

Very good and friendly reception staff; excellent professioanl service; good comunication and timely attention to my work undertaken.
Mrs F, Chesterfield

Outstanding service. So very helpful, knowledgeable and easy to understand. A pleasant member of your team!
Mrs K, Sheffield

We recieved a promt, helpful and most efficient service. I wouldn't hesitate to ever use Banner Jones Solicitors again.

Amy was excellent - Thank you so much for all your advice.
Ms E, Chesterfield

I would just like to pass on my comments with regards to the first class service we received with the estate of my dear late mother.

We have been dealing with Banner Jones and I would like to say they have been excellent throughout. We have found them to be extremely efficient, helpful, understanding and friendly at this difficult time.

Also very accommodating with appointments as I work full time.

I would also comment she was very patient in dealing with my elderly father who struggles with severe hearing difficulty.

I have no hesitation in using your services again, we will shortly be making appointments to update the will for my father and in due course I will also be updating my own will with Banner Jones as all of our family affairs are with your company.

I will have no hesitation in recommending Banner Jones Solicitors to others, once again, thank you to you all.
Ms Carpenter

Banner Jones & Kat Wheeldon's help has got me through this last year. Their help and kindness was without doubt invaluable.
Mrs W, Chesterfield

Kathryn Wheeldon has provided me with an excellent service and I would recommend her to all of my friends and family.
Mrs R, Chesterfield

Excellent service! Becasue of illnesses, my new will from start to signing took half a day!
Mrs B, Nottingham

Excellent service! Thank you for all fo your help and making everything stress free for me. Will definitley recomment you.
Mr B & Mrs M, Chesterfield

Excellent Service from Banner Jones. Thank you.
Mr & Mrs L

Very helpful and understanding. Thank you.
Mrs B, Chesterfield

Very happy with all aspects of my treatment at Banner Jones. Thank you very much Katie.
Mrs A, Chesterfield

Excellent. Katie was very pleasant and helpful.
Mr & Mrs B, Chesterfield

Very thorough, professional and friendly service, thank you.
Mrs K, Chesterfield

Friendly, and vey helpfull staff.
Mr & Mrs J, Mansfield

Excellent, friendly service, my Will was updated very quickly for me, which I really appreciate.
Mrs P, Chesterfield

Natalie at Banner Jones helped us update our Wills. She was very thorough whilst being sensitive to our situation She made it an easy, simple process. We recieved our Wills quickly and completed the matter within 3 weeks!
Mr & Mrs F, Chesterfield

Excellent service from start to finish! Prompt, trustworthy, reliable and extremely helpful. Highly recommended!

Many thanks to Katie Woodward for her wonderful assistance.
Mr & Mrs C, Chesterfield

Very pleased with the service recieved. Natalie was a very pleasant and efficient person to deal with. I wouldn't hesitate to recommend your services. Thank you.
Mrs B, Chesterfield

Extremely satisfied with the service provided by Katie (and Ellie) in a very professional, friendly manner. The making of the Wills was handled sensitively, thank you.
Mr & Mrs P, Mansfield

Excellent service, all matters were dealt with in a very professional way.
Mr M & Dr R, Sheffield

We used Kat Wheeldon at Banner Jones for our Wills and Powers of Attorney. We always had a friendly but professional service. Details were explained clearly so that we understood exactly what was involved and required. Fees weere explained straight away. We shall return to Banner Jones for any further legal work.
Mr & Mrs Diprose

First class service. many thanks for your help from start to finish.
Mr & Mrs C, Chesterfield

I have recieved help and advice from Katie Woodward, she is kind, considerate and professional. I would be pleased to recommend her to friends, family and colleagues. Many thanks.
Ms A, Chesterfield

I have been with this solicitors since the 60's and I have always been happy with this company. I was very happy with seeing Amy about my Will, she was very helpful.
Miss W, Mansfield

Banner Jones staff have always been professional and kind throughout my dealings with them. They have been very considerate towards my elderly Uncle, and met his needs - Whether his physical or mental impairments - Making adjustments to their practice with no hesitation at all.
Mr P, Chesterfield

Both Natalie and Stacey were very friendly and I had a professional service for both my house purchase and Will. The staff were very nice to talk to and helped me with every step if I was unsure what to do. Will highly recommend to friends and family.
Ms L, Chesterfield

Outstanding service from start to finish.
Mr & Mrs B, Mansfield

Thank you so much for your excellent service in helping me making a Will.
Mrs B, Mansfield

We were very happy with the service provided.
Mr & Mrs W, Dronfield

Thank you all for your kindness and support in a very sad time in my life, you have helped so much.
Mrs W, Chesterfield

On behalf of Darren and myself I would like to thank you both for all your help and assistance in this matter.

Excellent and efficient throughout and handled with a professional and sensitive approach.
Mr T & Mr D

I would like to thank you for the friendly, and efficient way you have dealt with me. Thank you.
Mrs L, Dronfield

All staff we came into contact with were very professional. A quick and efficient service.
Mr & Mrs T

Thank you for last weeks meeting which we both found very informative, friendly and helpful. You were able to reassure us and put our minds at rest about the number of issues. Thank you once again.
Mr & Mrs B, Derbyshire

Everything involved was dealt with in an exceptionally professional manner. Amy was a very friendly person to deal with, very knowledgable and also very sympathetic and sensitive to our needs. We could not have been better served!
Mr & Mrs W, Nottinghamshire

Because we are in our 90's and only essentially amending our Wills, Amy was very patient and extremely sensitive to our situation. She explained the issues involved in a manner whcih was very easy to understand. She gave us a great deal on confidence and we were extremely happy with the outcome.
Mr & Mrs W, Mansfield

All staff (off all levels) were very friendly & helpful. Tea/ coffees were made available at the outset and not as an afterthought. I can see no reason at all to not use Banner Jones again for any other aspects of my affairs! Thank you!
Mr M, Chesterfield

A pleasing seamless experience. Very helpful and knowledgable staff. Thank you.
Mrs P, Dronfield

A straight forward & useful service.
Mrs F, Mansfield

Always found very good service. I would highly recommend.
Mrs A, Mansfield

Very friendly and plenty of time and patience to explain every detail.
Mr B & Mrs S, Mansfield

Banner Jones are excellent. I would definitely recommend to anyone.
Mrs F, Sheffield

Very pleased with the whole process. Amy was very helpful and understanding.
Mr & Mrs R, Mansfield

Amy was very kind and helpful. Always polite and goes the extra mile to source help.
Mrs L, Mansfield

Thank you Anna and Natalie - This was a great experience as you made everything go so smoothly. We very much appreciate you working within our tight timeframe.
Mr & Mrs W, Derbyshire

I found the whole service extremely friendly and professional.
Mr & Mrs B, Chesterfield

I do not see a need for any improvement at Banner Jones. You were very helpful, efficient, and very approachable.
Mrs G, Chesterfield

5 stars across the board!

Advised me about my Will. The lady was very knowledgeable, clear, friendly and punctual.
Mrs W, Matlock

We take data privacy very seriously, and we want you to understand and feel confident about how we collect, store and handle your personal data. If you’d like to find out more you can read our Privacy Policy.

Talk to Banner Jones

We are ready to help you

Claims Against Executors / Administrators