*Names have been changed to protect identities
In 2018 we supported Mrs Green*, a client who had been named as one of the two Executors of her father’s will. The other Executor was Mrs Green’s brother, John*, who had lived with his father in the period prior to his death and continued to live in the property afterwards.
The deceased’s will stated that the estate was to be equally distributed between Mrs Green*, her brother John*, and a third sibling, meaning each would receive a third of the estate. However, problems developed when John* refused to leave their deceased father’s property – something that was required in order for the value of the property to be shared and distributed amongst the siblings. Furthermore, there were further complications regarding rent payment and maintenance of the property. This caused friction between the siblings and meant that John* was actively blocking the sale of the house and making it impossible for his father’s wishes to be carried out.
As an executor of the estate, Mrs Green* decided to approach Probate Dispute Group for advice on the matter. She wanted to find out more about her responsibilities as an Executor and how they could move forward in solving the growing dispute within the family.
Probate Dispute Group has vast experience of contesting wills and resolving sensitive conflicts within families when a parent or family member has died. We were therefore able to provide Mrs Green with the support she needed to carry out her father’s wishes.
Firstly, we wrote to John* to explain his legal responsibility as a named Executor of his father’s will and to make him aware that his current actions meant he was in breach of these. Despite these communications, John* was non-cooperative and, therefore, the next step was to begin court proceedings to have John* removed from the property and dismissed as an Executor of the will. Throughout this process, Mrs Green* was guided through the litigation and court processes by our experienced advisors who understood the sensitivity of this family dispute and provided professional and clear advice and support.
As a result of our interventions, John* was removed as an Executor of the will and ordered to repay the costs of litigation and leave the property so the wishes of his father could be carried out.
If you need help settling a will or with disputes over the Executor, please contact our experienced team for a free consultation.
If you are having difficulties with an Executor, please contact our dedicated team on 01902 392428.
A fantastic service with clear progress reports on a regular basis. We wouldn’t use another solicitor for this type of work
Craig Ridge was knowledgeable and always found out more before giving advice. Our questions were answered quickly even over the weekend!