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Claim for damages?

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  • Claim for damages?

    Rather than apply to the court of probate to have my co-executor removed, I want to make a claim for damages from my co-executor after the estate has been distributed for my share of the solicitor's bill above the initial estimate ,

    Please tell me if I can do that.
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  • #2
    Executors of an estate do not have a share of anything, except responsibility for jointly doing those acts necessary for the administration of the estate of the deceased.

    The solicitor's bill is an expense of administration of the estate of the deceased. It falls to be paid before any final distribution to the beneficiaries is made. It seems to me that when the estate administration is finished, the executor's duties are over and the 'office' of executor no longer exists. So, a former executor has no standing to being a claim against another former executor.

    A beneficiary may have a cause of action for maladministration against the executor(s) (or former executor(s)) of an estate, but, in my view, the action would have to be against all executors.

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