If an executor isn't doing their job properly, a beneficiary can make an application in court and depending on what the issue is, may ask for reports on how an executor did their job. If a beneficiary has a strong enough case, they can even make an application to have the executor removed.
Where the executor has not paid the legacy to the beneficiary within 12 months from the date of death, the beneficiary is entitled to claim interest until the legacy is received.
An executor can make changes to a will if the beneficiaries of the estate give express permission. As such, an executor can ignore the terms of a will if the beneficiary will sign a deed of family arrangement/deed of variation.
Can the executor sell property without all beneficiaries approving? In some cases, the executor can sell the property after probate, if there's been no mention of keeping it in the will. However, because this is a sensitive situation, executors should take care to communicate with the beneficiaries.
Removal of an executor after a grant has been made
The deed must be filed with the Court. In all other respects the only way to remove an executor or administrator after a grant has been made is upon the application of the other executors or beneficiary(s).
You can apply for the court to remove an executor and appoint a new one. It is possible to remove an executor if: They've failed to administer the estate correctly. They have a conflict of interest.
The simple answer is no. The executor has the authority to hold the assets for a certain time for safe-keeping before distributing it. But he cannot withhold assets for any selfish benefit. In a few rare situations, the fee of an executor exceeds the value of the estate in which case he will have to take everything.
If you're wondering whether an executor can override a beneficiary, you're asking the wrong question. An executor can't override what's in a Will. If you're a beneficiary mentioned in someone's Will, the executor can't cut you from the Will after the testator has died. You still have rights to the estate as written.
When there is a surviving owner, an executor or heir cannot force the sale of the whole property. A sale will require all to agree, not just a majority. The executor will need to consult with the surviving owner and the beneficiaries to decide how they want to handle the property.
Residuary beneficiaries are additionally entitled to receive a copy of the estate accounts, once these have been prepared, so that they can see how their share of the inheritance has been calculated.
As a beneficiary of a Will, you will only have legal rights on your share of the estate but only once the estate has been administered. Although you are entitled to receive updates on the progress of the administration of the estate. A beneficiary is entitled to be told if they are named in a person's will.
The Will will also name beneficiaries who are to receive assets. An executor can override the wishes of these beneficiaries due to their legal duty. However, the beneficiary of a Will is very different than an individual named in a beneficiary designation of an asset held by a financial company.
If he refuses there is a relatively straightforward process for obtaining a court order that he produces an inventory and an account of his dealings with the estate. Ultimately, if the Executor is not complying with his obligations, you may be able to have him or her removed as Executor.
You should consider a trust litigation attorney the moment you suspect a brother or sister is stealing your inheritance or assets from the estate. Often a trust attorney can quickly begin communications with the suspected sibling and/or their attorney, and resolve the theft quickly.
Then under rule 44.2(2), if the court decides to make an order about costs, the general rule is that the unsuccessful party will be ordered to pay the costs of the successful party, but the court has discretion to make a different order.
While beneficiaries can often disagree with an executor's decisions, unless the executor clearly violates the terms of the will or breaches their fiduciary duty, there is typically nothing a beneficiary can do about it.
Can an executor of a will take everything? No. An executor of a will cannot take everything unless they are the will's sole beneficiary. An executor is a fiduciary to the estate beneficiaries, not necessarily a beneficiary.
Yes, as an executor you can be sued.
However, under California law, if the siblings can't agree any of the siblings want to sell the house they inherited, they can use a legal proceeding known as a “partition action” to force the sale.
Executors have a duty to communicate with beneficiaries. If they are not doing so, you are entitled to take action. Schedule a free consultation with our probate lawyers to learn what you can do to enforce your rights as a beneficiary.
This should be done by applying to the Probate Registry by a claim form supported by an affidavit. Once obtained, the inventory and account can be examined by the beneficiary in order to assess whether any further steps are needed in respect of the executor.
The choice of Executor can be challenged if there are doubts over the validity of the Will. As an Executor is appointed by the Will, it is difficult to challenge their actual appointment. However, a check should be made to ensure that the Will is validly made and properly witnessed.
Does a next of kin have legal rights and responsibilities in the event of my death? No. If you have made a Will, your executor(s) will be responsible for arranging your affairs according to your wishes. Your executor may appoint another person to act on their behalf.