Executor Disputes
Executor Disputes in Chesterfield, Sheffield, Dronfield and Mansfield
We can help you with your dispute
What is an Executor?
An Executor of a Will is the person (or persons) appointed by the deceased to deal with the administration of their estate. Executors have numerous duties, including a duty under Section 25 of the Administration of Estates Act 1925 to collect in the estate and administer it in accordance with the provisions of the Will.
Other aspects of an Executor’s role can include making funeral arrangements, paying the debts of the estate, obtaining a grant of probate, preparing estate accounts and making distributions to Beneficiaries.
Where a person dies without making a Will, the person dealing with their estate is called an Administrator, but they essentially have the same duties as Executors, albeit as there is no Will, the rules of intestacy must be followed.
The role of an Executor is an important one and can often be fairly complex, particularly if the deceased had substantial assets or the provisions of the will are not straightforward.
Disputes with Executors
Disputes with Executors can arise for many different reasons, but typically involve Beneficiaries who consider that the Executor is not performing their duties satisfactorily or in a timely manner.
Common complaints include unreasonable delays in the administration process, failure to identify all assets of the deceased or a lack of transparency in the administration process.
A failure to administer the estate properly and in a reasonable time by the Executor can lead to financial loss by the Beneficiaries, such as a loss of interest on pecuniary legacies and fines for late payment of inheritance tax. Claims can be made against the Executor for these losses and Banner Jones have considerable experience in dealing with Executor disputes. Many Executor disputes can be resolved collaboratively by negotiation and increased communication between Beneficiaries.
Removal of an Executor
Where it does not prove possible to resolve Executor disputes informally, Section 50 of the Administration of Justice Act 1985 provides a mechanism to seek the removal or substitution of an Executor/Administrator. Such an application has to be supported by compelling evidence as the court will not remove an Executor/Administrator lightly.
For an application to remove an executor to be successful, an applicant must demonstrate that the Executor’s conduct (or lack of) is sufficient to show that they are either incapable of unsuitable to carry out their duties.
A successful application to remove/substitute an Executor or Administrator will enable an alternate Executor to take over the administration and progress the matter through to conclusion.
Want to know more?
How to Make a Will
What is Contentious Probate, and how does it affect me?
Types Of Wills Explained
Common Executor Dispute Questions
Yes. There are a number of circumstances in which it is possible to challenge the validity of a Will. These include a lack of capacity or knowledge or approval of the testator, undue influence or fraud. Should you have any concerns regarding the validity of a Will, you should obtain legal advice as a matter of urgency. Under the Inheritance (Provision for Family & Dependants) Act 1975, it is possible for certain individuals to pursue a claim if they can demonstrated that the financial provision made for them is inadequate. A caveat is a legal document issued by the Probate Registry that prevents a grant of probate being issued. The caveat will remain in place for a period of 6 months (unless voluntarily removed by the person entering it or by an order of the Court. A caveat can be renewed after 6 months. Caveats should not be obtained lightly or without justifiable reason as the Court can impose financial sanctions where it considers that a caveat has been improperly obtained. It is therefore advisable to obtain specialist legal advice before seeking to lodge a caveat. 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.
Is it possible to challenge a will?
What if I have been left out of a Will or am unhappy with the amount that has been left to me?
What is a Caveat and how does it work?
What options are available where an Executor/Administrator is not carrying out their role properly?
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
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
Very efficient service at a difficult time which helped matters go smoothly
Mrs S, Dronfield
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
Kat, the solicitor who assisted in arranging for the deputyship for my mother was extremely helpful in what I call distressing time where control of my mothers affairs have been passed onto me. Many thanks Kat for the pleasantness.
Mrs H, Chesterfield
I would like to express my thanks and greatly appreciate your work in making the claim and achieving the settlement.
Mrs W, Chesterfield
Very clear communication, all of my questions were answered and nothing was rushed.
Mr & Mrs F, Chesterfield
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
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 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
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
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 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
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 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
I am really glad this dispute is concluded now, and want to thank you for all your help and advice. It's been a difficult time for us both, but you've made it as easy as possible and been sensitive about the matter. We're really glad we had you to represent us.
Miss, M, Matlock
Lee looked after our case, and was just wonderful. He provided sensitive professional support by phone, email and in person when required, and we are very grateful for everything he did. We would have absolutely no hesitation in recommending him and the services at Banner Jones Solicitors. Lee's emails were particularly helpful, they were always clear and to the point, but he treated us with empathy and was excellent at communicating at all levels. Thank you Lee!
Mr L, Dronfield
May I take this opportunity to say a massive thank you to Michael and yourself for all your help, guidance and counsel as well as huge amounts of patience. Justice has finally prevailed. Thanks again for everything
Mr K, Chesterfield
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