One child of three children was appointed by their late father under their will to act as executor and obtained a grant of representation to deal with the estate. In so doing, they helped themselves to the bulk of their father’s assets with complete disregard to the named beneficiaries under the terms of the will. It transpired that the will for which a grant of representation was received was declared invalid and the previous will was then to be proved.
In the end, all the beneficiaries received their correct entitlement from their father’s will.
By Thomson Snell & Passmore being appointed by the court to act as independent administrators to obtain a grant of representation in respect of the previous valid will and deal with its administration, it was possible to calm the tensions between the beneficiaries and we were able to advance the administration of the estate. There were still many bumps in the road and obstacles to overcome, but these were all capable of being dealt with whilst there was an independent person at the helm.
If you are unhappy with the way an executor is dealing with the administration of an estate, then you do not have to suffer in silence. Please see the attached link to our information sheet ‘what to do if you are unhappy with an Executor’. If you would like to know what is involved in dealing with the administration of an estate and what is a grant of representation please read our Probate guide.