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How to Proceed if Your Loved One Didn’t Leave a Will

Posted on by Jonny

How to Proceed if Your Loved One Didn’t Leave a Will

In most cases when a family member dies, they leave their wishes on how to divide up their estate in a will. When they don’t leave a will, however, intestacy rules take over.

This will should also contain who they name as their executor. The executor will then need to apply to begin the process of Probate from the Government. With that, they have the right to settle the testator’s affairs and execute their will to the best of their ability.

Intestacy means no will to execute

However, if there’s no will to execute (known as ‘dying intestate’), then the process faces complications. Loved ones might have inheritance disputes, at which time hiring contested wills and probate solicitors can help you receive what you deserve from your loved one’s estate.

What Does it Mean if Your Loved One Didn’t Leave a Will

In short, if a family member doesn’t leave a will to dictate the affairs of their estate, the legal system takes over.

(On this, it’s also worth noting that the rules on intestacy changed at the start of February 2020).

This can, at times, mean that those that the deceased would not have wanted to receive anything from their estate will do.

It is also worth remembering that the laws as to who will receive the estate of someone who died intestate differ between England, Wales, Scotland and Northern Ireland. You will need to contact a solicitor to see if you have grounds for contesting a will as laid out by the law in the country you live in. If the testator lives in a different country from the UK though, the intestacy laws of that country will apply.

What Steps Should You Take for Intestacy

If the testator dies part of intestacy, you will need to follow these steps:

  1. Apply to be the administrator or executor of the testator’s estate. This is the same as applying for Probate, except you will need to fill out a different form when applying.
  2. You will need to prove a close relationship, for example, a spouse or child.
  3. If your application is accepted, you will receive what is known as “letters of administration”. These will give you the right to deal with the testator’s estate.

There must be a legal connection between the deceased and the person who becomes their administrator. For instance, think of a partner who lives with the testator for decades, but doesn’t marry them. That partner doesn’t have the right, for example.

However, a separate spouse still wed to the testator does. This is arguably an area of the law that needs updating in order to reflect today’s society and modern relationships.

If you are a long-term partner of the testator, contact a specialist solicitor. Accordingly, you can then fight the ruling and make a valid claim towards your dependency.

What Happens if There Are No Close Living Relatives?

If the testator does not have a spouse or direct relatives, then their estate will belong to the Crown or government. This is done under the law Bona Vacantia.

How we can help

At The Inheritance Experts, we work with specialist law firms. They have a proven track record helping people when a family member dies intestate. As a result, they’re capable of helping you get the proportion of the estate you rightfully deserve.

Do you think you have grounds to contest a will? Do you want to know if you have a realistic claim? Then don’t hesitate to get in touch with The Inheritance Experts. Be sure to do so via the contact form on our website or by calling 0161 413 8763.

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Who Has Contesting a Will Rights?

Posted on by Jonny

If you are considering your contesting a Will rights, it is important to make sure that you are legally allowed to raise a dispute.

One of the main criteria for deciding if a person is entitled to contest a will is whether or not they belong to one of six defined groups that are considered to have the legal right to challenge a will or probate process.

In this guide, we will outline these six groups, along with some of the complex rules that define each group.

Family members

Whether you are related by marriage or by blood will play a factor in determining your right to contest a will. Those family members that are blood relations are in the Inheritance Act, together with a specific list that names relatives that can make a claim for declaring a will invalid.

Even if you aren’t a blood relative, your relationship with the testator will be taken into account. Moreover, you do have legal protection in those cases as well.

Understand contesting a Will rights in England or Wales? Learn more

Beneficiaries of contesting a Will Rights

As a beneficiary in a will, you have a legal entitlement to inherit your piece of the will. Consider two things that the executors of the will might not do.

  • First: what if they don’t pay you the sum the testator left to you?
  • Additionally, what if they don’t hand over any items the testator left to you in the will?

You’d have grounds to make a claim. This way, you ensure that you receive exactly what you deserve. By not executing the testator’s wishes as to the will states, it would be the case that the executor is acting unreasonably in their legal duties.

Furthermore, as a beneficiary, you can also dispute the division of the rest of the will. Especially if you consider the division of the deceased’s estate to be unreasonable.  It is worth remembering that, when considering a will, the ‘estate’ is not just property, but also entails the whole lot. All of the testator’s possessions, cash holdings, savings accounts or investments, and even the land they own.

Therefore, consider if you were in business with the testator as an equal partner. Next, the other business partners receive a greater share of the business than you were. Accordingly, you may feel that this is unfair and want to contest this.

Beneficiaries of earlier wills

As new people come into their lives, people do change their wills and will add these new people in. As a result, people previously in a will may be subject to removal. For example, if a person divorces and then remarries. It’s understandable that they would remove their ex-spouse from their will and replace them with their new spouse.

However, if you’re in an earlier version of a will but not the recent version, you can dispute the will. But only if you can prove that there is a valid reason why you should still be a beneficiary.

For example, say your ex-spouse pays you child maintenance to support the child(ren) you had together. But then the spouse dies, leaving you nothing in the will to help with the upbringing of your child(ren). Then it would be understandable that would want to contest their will.

With this example, any money or other part of their estate your ex-spouse leaves to your child(ren) belongs to them. Most likely, it goes into a trust until they reach adulthood. This money is not for you to use to raise them. You would need to make a separate application for the will to provide continued child maintenance payments.

In addition, this group could at times raise a dispute that causes a criminal investigation to commence.*

Creditors and contesting a Will rights

If you are someone the testator owes money to, you can claim this debt from the testator’s estate. If this is you, you should first try to have what is known as a Section 27 notice sent out. This can be a providence to help those the testator owes money to.

Broken Promises

Among contesting a will rights, this is a particularly major one.

Say you were relying on inheritance for your future that the testator says you’ll receive. As a result, you may be able to challenge that person’s will if they don’t follow through on that promise. You should know that this can be a complex area to dispute though. Therefore, seeking legal advice as early as possible is smart.

You’ll need to prove the promise was made, and that you’re suffering as a result of the promise being broken.

Financial dependents

Even if you are not related to the deceased, you may be able to to make a claim to their part of their estate if it can be shown that you were financially dependent upon the deceased, whether this was monetary or in the form of accommodation.

This group has protection under the Inheritance Act, so you will normally need to make this claim within six months of the probate date.

How we can help with contesting a will

If you fall under any of these categories, there is a chance that you may be able to successfully contest a will.

However, it’s essential that you take appropriate advice before contesting the will.

This is where The Inheritance Experts come in. Following your free, no-obligation discussion with us, we will transfer you to a specialist solicitor. Your solicitor is keen to challenge the will or probate process on your behalf given the circumstances of your claim. In turn, it helps you to get the share of the estate that you deserve.

If you are contesting a will you have not been named in or which you feel is unfair, do not hesitate to contact us via the contact form on our website or by calling 0161 413 8763.

*Particularly if it can be shown that they have been taken out of a will due to fraud or a person wielding undue influence on the testator. Especially when they were not in a fit state to be making decisions about amendments to their will.

How to Contest a Will

Posted on by Jonny

If you are considering contesting the will of a relative, it is vital that you are aware of the processes before you start to contest it. That’s true whether you believe that

  • the will is unfair;
  • it isn’t legally valid, or;
  • the testator suffers from undue pressure into making certain people beneficiaries.

This guide will help you to navigate the often complex world of contesting probate.

Contesting a will or contesting the process of probate when a will is valid can only be done by certain people. These people include the testator’s

  • living relatives;
  • those who were a beneficiary in a previous will, and;
  • those with significant reason to believe they’re a beneficiary in the latest will. For instance, if a promise has been made to the person by the deceased.

In addition, a contest of probate must also fall under one of a few categories. These categories include:

It is also important to remember that the time limits for contesting probate are strict. Therefore, you should make sure that you contest the will or the probate process within six months in some cases. However, in some circumstances, there is no time limit as to when you can contest the will.

How to Contest a Will

Contacting a specialist solicitor

If you are considering contesting a will, it is important to find out whether you have a viable claim. This is where The inheritance Experts come in – one of our advisors will speak to you on a free, no-obligation basis and will advise you whether you have a valid claim that has a good chance of success depending upon the facts.

Finding Grounds and Evidence

So, you have a claim that potentially has a good chance of success and you choose to go forth. We’ll put you in touch with a specialist solicitor with experience in wills and probate cases. They’ll also have a track record in achieving positive results for their clients.

Together, you will collect any evidence that you need to make your case. Subsequently, your solicitor will advise you what the best grounds are to contest the will.

Mediation

Once this is done, most solicitors will suggest mediation with the other beneficiaries. Often, this is the best possible first step to attempt to resolve the dispute.

During mediation, you will hold a discussion with the other beneficiaries. A third party without bias leads the discussion, helping you manage your disputes. This is with the aim of resolving any existing issues, any further issues that arise during the discussions and, ultimately, guiding all of the beneficiaries to a conclusion that everyone is happy with. In many cases, mediation will resolve the claim, and the case will not need to continue.

Going to Court

If there’s no resolution through mediation though, it will go to a probate court. There, a judge will balance the evidence and decide the merits of each beneficiaries’ claim. Also, they’ll consider the wishes the testator expresses in their will.

Going to court can be a long and costly process though, and you may not receive a result for a number of years if the judge is unable to make a decision. As we say, the case progressing to court is also extremely expensive. Moreover, if you lose, you may have to pay the other beneficiaries’ legal fees in full.

How to contest a will with our help

At The Inheritance Experts, we work with specialist law firms who have a proven track record in handling wills and probate disputes. This means they are well-placed to help you get the proportion of the estate you are entitled to.

If you believe you have grounds to contest a will and want to know if you have a realistic claim, do not hesitate to get in touch with The Inheritance Experts via the contact form on our website or by calling 0161 413 8763.

Challenging A Will: 3 Key Questions Answered

Posted on by Jonny

Losing a family member leads to a very distressing time. Particularly if you then find out that you have been left out of their will. Challenging a will, hence, takes that level of distress even higher.

Therefore, this may mean that you will need to contest their last will and testament. Here are some of the main queries you may have when it comes to challenging a will.

Who Can Challenge a Will?

  • Blood relatives. These are the people most likely to contest a will.
  • A spouse. This is true regardless of whether they are still in marriage to or split from the testator. If the marriage to the testator remains intact, they have the right to challenge the will.
  • A creditor. This is if the testator’s estate owes a creditor money.
  • A beneficiary. This can be someone in an earlier will.
  • An individual who relies on the testator. This can be through financial support or accommodation.
  • An individual who receives a promise to an item. This could be a verbal or written agreement between the testator and the individual. Then, a challenge can be made if the agreement wasn’t set in the will.

Why Might Someone Be Challenging a Will?

There are a variety of reasons, both legal and personal, why someone is challenging a will.

For example, a person might contest a will if they feel that they receive unfair treatment. Therefore, they would be challenging the will as a matter of principle. As part of this, they may also feel that they know the testator’s intentions. More importantly, they feel as though the will doesn’t speak adequately enough to those intentions.

In order to prove this, the person would need to show that they had a close relationship with the testator. Again, this can be shown in a variety of ways. For example. the two are in a marriage, or a long-term relationship and cohabitation.

The legal grounds for contesting a will, meanwhile, are as follows:

  • The will is invalid. For example, incorrectly made or doesn’t have signatures in the presence of two independent co-signing witnesses.
  • The writer of the will isn’t mentally fit enough to be signing a legal document.
  • The document or signature was forged. However, this can be very hard to prove.
  • The writer of the will faces pressure/coercion into creating the will or changing an existing will.
  • The will doesn’t adequately provide for those who were financially dependent upon the testator.

What Exactly Happens When You’re Challenging a Will?

In the first instance, check that the person contesting the will has the right to do so. If so, proceedings will begin for negotiation and mediation. The solicitor will seek an agreement which benefits all parties involved, in the quickest time possible and with minimal financial expenditure.

However, the best intentions of any legal parties and individuals might fall short. In fact, it may be impossible to come to an agreement during the mediation stage.

If this is the case, the issue will then be taken a step further to court, and you will adhere to a court hearing. This could include a wait of at least 12 months before an official court date, therefore this avenue is particularly time-consuming and expensive.

An affidavit will need to prepare in advance of the hearing. Moreover, a court will hear the argument and come to a resolution.

How we can help

If you are considering contesting a will, it is important to seek legal advice as soon as possible. At The Inheritance Experts, we help people who want to contest a will or trust get what is rightfully theirs.

When you call us, one of our advisors will chat through the particular circumstances of your potential claim and advise whether you may have grounds for a claim. This is done on a free, no-obligation basis.

If you proceed with your claim, we’ll match you with the firm who best suits the circumstances. Your solicitor will then collect any evidence and will begin negotiating with the other side.

If you are thinking of challenging a will and would like to know if you have grounds for a valid claim, don’t hesitate. Contact The Inheritance Experts by filling in the contact form on our website or by calling 0161 413 8763.

New rules of intestacy come into force

Posted on by Jonny

Regarding rules of intestacy, our panellists Hugh James Solicitors say that from Thursday (6 February):

the statutory legacy amount your spouse or civil partner can inherit if you pass away without leaving a will is set to increase from £250,000 to £270,000.

They will also still have entitlement to 50% of the estate above this sum, with the remaining 50% being split equally among your children.

In essence: if you have no children, your spouse or civil partner will inherit your entire estate.

This is because, if you die without leaving a will, your estate will be dealt with under the rules of intestacy. On this point, it is important to remember the following.

Say you have a partner but not by marriage or in a civil partnership with. Accordingly, they have no entitlement to inherit anything at all under the rules of intestacy.

In a situation where you have no children but do have a partner outside marriage or in a civil partnership with, the rules of intestacy state that the estate would go to your legal next of kin. Normally, this would be your parents if they are still alive. Alternatively, if you have any siblings, they would be next in line to inherit your estate. Otherwise, your estate would pass to increasingly more distant relatives, such as your cousins, nieces or nephews.

New rules of intestacy pondered in House of Lords

Similarly, it’s also worth noting that a proposal is currently going through the House of Lords regarding intestacy. In essence, it would change the rules governing inheritance tax for cohabiting siblings. Under the proposals, cohabiting siblings in all parts of Great Britain would be able to leave their estates to each other.

Moreover, they can do so without incurring any inheritance tax regardless of the size of the estate. To qualify, the siblings must live together at some point for at least seven years. Additionally, the surviving sibling would have to be over the age of 30.

We highlight this because it’s a long-overdue step in the right direction. In short, it acknowledges that many people are now unable to buy a home on their own. Accordingly, they have to pool resources with someone else (a sibling, perhaps) simply to be able to afford it

But these rules of intestacy don’t go far enough

In particular, these proposals would not change the inheritance tax rules governing cohabiting couples. Therefore, say you do leave a will that left your estate to your cohabiting partner. Regardless, they would still pay inheritance tax at a rate of 40% on the value of the estate above £325,000.

We now live in a society may choose to live together without marriage or entering into a civil partnership. We would argue that the law is not keeping up with and reflecting society. It should do.

Therefore, it is important to ensure you draw up a will to make sure that your estate splits how you want it to split. This is particularly important if you and your partner live together and the home is in your name. As such, your partner may then have no legal right to continue living there.

This would still be the case, even if your partner contributes to paying the bills and mortgage on the property. That’s because the law would only tackle the name on the deeds of the property. In addition, the rules on statutory legacy also mean that your partner has no right to claim any items of sentimental value either.

The Importance of a Clear Will

Avoid what would likely be a lengthy legal wrangle. In short, your partner would need to provide extensive proof that they made contributions towards

  • paying the mortgage and;
  • the upkeep of the property in order to simply recoup the amount they put into the estate’s value

It’s important then to draw up a will that details exactly who you want to have the different parts that make up your estate. You can even specify that certain people can certain individual possessions. Otherwise, your surviving family member, spouse or civil partner may end up in a legal dispute over who gets what.

If your partner dies intestacy or you feel that you have grounds to dispute an estate, act now. Just contact The Inheritance Experts by filling in the contact form on our website or by calling 0161 413 8763.

Presumption of Advancement cases show need to put agreements in place

Posted on by Jonny

You may have seen a probate story in the news the last few days about a mother not being able to claim back money from her late son’s estate.

The mum said that she had loaned her son £170,000 in 2005 to help him buy a house.

Having been diagnosed with an aggressive form of cancer in 2010, the son paid his mother £90,000 from a £350,000 compensation award he was given. The son then married before sadly passing away in 2016 with the entirety of his estate being left to his wife and a number of named charities.

Last June, the mother made a claim on the estate for the outstanding loan (£80,000) as she was not provided for in the deceased’s estate.

However, when the case came to court, the judge found that the mum had not proven the £90,000 was a repayment of the original loan rather than a gift. In addition, she wasn’t able to prove the original £170,000 was loaned rather than gifted to her son. Therefore, the judge ruled against the mum as he considered a legal principle called Presumption of Advancement (PoA) to apply.

What is a Presumption of Advancement?

Put simply, PoA is a well-established principle in UK law which states that courts will presume that, if a person transfers money or property to their spouse or child, this is considered to be a gift in the absence of any evidence to the contrary.

This is why, when the Court of Appeal heard the case again last month (December 2019), it upheld the original judge’s ruling due to a lack of evidence demonstrating that the money from the mother to the son in 2005 was intended as a loan rather than a gift.

To be clear, if this evidence had existed, this would have overridden the presumption of advancement. This evidence could have been something as simple as a hand-written agreement or IOU between the mum and her son.

What makes this case interesting is that provision was made in Section 199 of the Equality Act 2010 to abolish PoA. However, since then, this abolition has not been brought into force as part of UK common law. Additionally, when hearing cases involving PoA, no judge has created a legal precedent by ruling with Section 199 in mind.

The need to create an agreement

As this case demonstrates, it is important to make clear the basis upon which you are providing money to your child. This should be done whether it is a substantial amount to give your child a leg up when purchasing a home, such as in the case highlighted, or is a much smaller amount intended to help them pay some bills at a time when money is tight for them.

It is a great shame the lady making the claim and her daughter-in-law were not able to resolve this matter amicably, particularly given the tragic circumstances under which the claim was made. Unfortunately, this is increasingly becoming the case though, as the number of inheritance disputes increased by 62% year-on-year between 2018 and 2019 according to The Financial Times.

It is also unusual for this case to have come to court too; There is much publicity attached to probate cases. Most though are settled without needing to go to court.

What you should do

At The Inheritance Experts, we work with specialist legal firms who have a proven track record in handling probate cases. This means they are well-placed to help you get the proportion of the estate you are entitled to. After your initial consultation with our advisors, which is done on a free no-obligation basis, we will match you with the firm that best suits the circumstances of your case.

If you believe you are due a portion of an estate and want to know if you have a viable case, do not hesitate to get in touch with The Inheritance Experts via the contact form on our website or by calling 0161 413 8763.

Have One of These Surnames? You Could Inherit a Scottish Castle!

Posted on by Jonny

There are a lot of legal aspects to consider when a loved one (testator) dies. But what exactly happens to assets and property when the testator fails to leave a will behind? Or to publicly name the next of kin who has the right to receive everything? Well, it can mean that you inherit a Scottish castle. Yes, it’s ready for claiming by an unsuspecting descendent, as well as that descendent potentially having the legal right to a host of other assets, too.

The Government has a long list of assets in Scotland no one yet claims. It not only includes significant property but monetary assets to the value of £370,000 for what the property is worth, too. Any individual with the right surname may be able to claim on this valuable opportunity.

What You Need to Know About the Estates

There are a total of 425 empty Scottish estates simply waiting for claiming. The Government’s list of these empty estates lack rightful claims due to:

  • the fact that their previous owners left no will, or;
  • while failing to identify the next of kin eligible for the estate.

Under the legal system in Scotland, if an individual dies without leaving behind a clear will dictating how they want their property and assets to go out to benefactors, the assets refer to the care of the Crown. It is the duty of The Office of Queen’s and Lord Treasurer’s Remembrancer to then care for these assets.

Claiming Unwanted Estates

The good news is that the Succession Act of March 2016 has actually made the process of claiming these estates significantly easier. The Scottish Parliament eliminating the necessity to gain the form of insurance known as a Bond of Caution helps this.

Claiming these estates begins with learning whether you have the same surname as the testator/previous owner.

Checking Your Surname

While certain surnames are distinctly common, it is always worth checking. The list includes straightforward surnames, as well as obscure ones like Carlin, Hunniball, Malone-Philbane and Raube. The full list is available here.

If you successfully prove that your right to claim, a variety of assets will be available, including land, money, mansions and castles. Due to the fact that the testator leaves no will, you can claim their belongings, possessions and assets. Along with these empty Scottish estates, it’s also possible that there are more than 8,000 open estates in England and Wales, too.

Think that you deserve property or assets from a family member, however distant? Suspect they didn’t leave behind a will? Require any other legal advice? Don’t hesitate to contact our professional team at The Inheritance Experts today.

Exploring Contesting a Step-Parents Will

Posted on by Jonny

Contesting a will of a stepparent, in short, is a tricky matter.

It’s not uncommon nowadays for many families and children to have stepparents, and live with them, for a variety of reasons. Especially if you are a step-child who is

  • very close to their stepparent and;
  • considers them as good as your biological parent for the entirety of your life

Fact is, it can be very upsetting to learn that they may have left you out of their will. Or, if they don’t give you what you feel they owe you.

However, as a step-child, it may be an area of uncertainty whether you have the right to contest the will of a step-parent. In fact, atypical family setups featuring non-blood relatives alone add difficulty to traditional estates.

That’s why, at The Inheritance Experts, we commit to helping you in these circumstances. Moreover, we’re here to advise the steps to take for contesting a stepparent’s will.

Consider the Circumstances Surrounding the Drawing Up of the Will

Firstly, a will needs to have been made by an individual who has a sound mental capacity to do so. Therefore, your first step may be to evaluate your stepparent’s mental state during the time they wrote the will. Moreover, you must deduce whether they were of sound mind to do so.

Indeed, it can be very difficult to prove mental incapacity regarding the formulation of wills. But it’s a good starting point if you do believe your step-parent didn’t have the requisite mental capacity to distribute their assets accordingly.

This also applies if you suspect that the stepparent, despite being sound mind, faces undue influence from someone as they write the will.

Your Legal Rights for Contesting a Will of a Stepparent

Your legal rights aren’t as profound as blood relatives or direct children. But you can contest the will of a step-parent if any of the following applies to you.

  • Your step-parent made a firm promise to you that you would receive a certain asset in their will. Yet this agreement isn’t made clear in their Last Will and Testament.
  • You depend financially on your step-parent. Perhaps you continue living with them after your biological mother or father dies/moves on. Or they were the sole financial providers – but these financial expectations get no coverage in the will.

What matters is the ability to establish your position. Moreover, that you prove that you were financially dependant on the step-parent in question. And, therefore, deserve a fair inheritance.

Seek Legal Advice for Contesting a Will of a Stepparent

To fully understand whether your circumstances merit the need for a contesting of the will, seek sound legal advice. There are many factors worth consideration by a legal representative. Plus, later by the court, should the will contesting go forth.

  • How close you were to the testator.
  • The extent to which your stepparent supports you.
  • Your age when the stepparent joins the family.

If you are unsure whether your circumstances apply, then don’t hesitate to contact us.

How Long Does it Take For a Will Contest to be Resolved?

Posted on by Jonny

The grievance process is difficult enough, but it can be made significantly longer if a will dispute is needed. Many loved ones may be hurt and angry if they feel as though they have not been adequately covered in a final testament, which then leads to a will being contested. Which begs a common question: How Long does it take for a will contest to be resolved?

Our solicitors at The Inheritance Experts are experts in the area of will contesting: contact us for legal advice if you believe a will should be contested, whether it is on behalf of yourself or someone else.

What it Means to Contest a Will

Contesting a will means that a party close to the deceased feels as though they disagree with how the assets have been shared out within a will, such as not feeling as though they have received what they are fairly owed, or due to negligent behaviour.

Grounds to contest a will include:

  • Fraudulent wills
  • Forged wills
  • A lack of knowledge
  • Testamentary capacity
  • Lack of valid execution

In order to contest a will, the individual needs to have the legal right to do so. That means that contesting can only be made by the following:

  • A spouse
  • Direct family members
  • Beneficiaries
  • An individual who relied on the deceased for financial reasons
  • A creditor to whom the testator was in debt to
  • An individual promised an asset by the testator, but did not receive it in the will

How Long You Can Expect the Process to Take

Contesting a will relies on time, both with a time limit to submit your case, and then the time frame you can expect to wait following the opening of the case.

How Long Does it Take For a Will Contest to be Resolved? The Time Limit

You have until the executor starts distributing the testator’s assets in accordance with their Final Will and Testament, after the grant of probate. Sometimes, it’s possible to submit a claim after the commencement of distribution. Therefore, it’s advisable to do it beforehand to make for an easier process.

As with anything, as soon as possible is always beneficial, and the earlier you begin, the more likely it will be that you succeed.

The only time that experts don’t advise an exact time limit is with a case of fraud, wherein you would have as long as is necessary.

The Expected Time Frame after Commencing the Case

In short, don’t expect the process to be a quick one.

Firstly, the best way to resolve the dispute is via the means of mediation, which can be a long process. There is always the risk that mediation may not be successful. In turn, the contesting of a will then require court proceedings.

From then on, there is no designated time frame regarding how long the court may take to make a decision: it may take a few months, but it could take anything up to a few years. It also depends on the complications the case presents: do bear in mind that every case is unique.

Therefore you should expect the overall process to take a couple of years, and anything less will be an advantage.

Can an Executor be Removed From a Will?

Posted on by Jonny

If an executor is removed from a will, certain grounds are clearly not being met. But first, a quick summary of what an executor to a will is.

An executor of a will is a person who carries out the instructions the testator provides. They’re also responsible for trying for maximum gain when it comes to sharing out assets

  • Such as selling property at the right time to receive the highest return.
  • Or being responsible for the handling of the correct amount of taxes.

You can assign more than one person to be an executor, in short. However, many people find that assigning just one person is the most constructive way to operate.

Who is Eligible to be an Executor?

It is up to the testator to decide who they wish to be an executor, and they can choose anyone they like, as long as that individual is 18 years of age or over. Common choices include spouses or children, which means executors can also be included in the will, too. On the practical side, they might appoint legal representatives and individuals with sufficient experience instead.

An executor must be a trustworthy person, one who is able to follow the testator’s instructions.

What Happens if You Don’t Have an Executor?

A situation might arise where parties cannot elect or find a capable executor. In such cases, there is a government official who is able to step in should you be in need as a last resort.

Can a Chosen Executor be Removed from a Will?

Dismissing the executor of a will is the responsibility of the testator during the course of their life. However, following the testator’s death, removing the chosen executor becomes more difficult.

But it’s not unheard of, either. In short, a court can remove the executor from a will, if one of the following things occur.

  • First, if it can be proven the executor is incapable of performing the duties of the executor role.
  • Second, if they are unsuitable for the position.
  • Third, if since the death of the testator they are now ineligible to serve as an executor.
  • Fourth, if they aren’t acting in the testator’s best interests (‘best interest’ is a determination of the court).
  • Also, if there exists a severe conflict of interest.
  • Finally, if there are any legal ineligibility criteria. For instance, mental conditions which prevent the executor from acting as the role demands.

How is an Executor Removed From a Will?

The removal of an executor can only take place through court proceedings, in which the court will decide on the manner of removal using the details and reasons listed above. To begin these proceedings following the death of the testator, the relevant party must file for a court proceeding. This individual needs to have a share of the will to have the ability to file to remove an executor.

Once court proceedings start, the legal representatives for the executor and the individual filing for removal will show why they either believe they must remain or leave as the executor. The reason for removal requires establishing.

If you are concerned that the executor of an estate is not acting correctly, contact us for advice. We work with leading solicitors who specialise in handling executor disputes to resolve issues swiftly and fairly.

At The Inheritance Experts, we can offer support and advice to appoint or remove an executor. Contact us today should you wish to discuss.

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