Professional negligence claim time limit

[atticus]

He would probably be claiming as a disappointed beneficiary, with the risk of personal liability for costs. If the will naming him as executor is declared invalid, he is not the executor of the estate.

[Falcon5]

Thanks both for your input/time in responding to me. It is greatly appreciated.

Changing the topic slightly and in response to the comments regarding estate funds vs personal liability for costs - in the current dispute, we (two executors) have funded the legal fees ourselves (exhausting our own savings).

We have often wondered if some/all of the costs could be absorbed by the estate. As executors of the estate, when we learnt that the probate application had been stopped due to a caveat being lodged (by one of the beneficiaries), we didn't have much choice other than to obtain legal advice as to what we should do. Not long after, a Larke v Nugus request arrived. After providing the Larke v Nugus statement and will file notes, we then received a pre-action letter of claim. In the letter of claim, it asked us to provide a substantive response (which we did, again, at a cost through the Solicitor).

We also tried to negotiate with the beneficiary (who, incidentally is also an executor) in the early stages but he was not willing to be reasonable. All of our efforts as executors have cost us a lot of money. What is the norm (if any) regarding executor legal fees and who pays them?

[Pezza54]

As executors have to remain impartial it is normally the beneficiaries that defend a claim against the will. Executors should discuss the risks of defending a claim with the main beneficiaries.
If a decision is made to defend the claim then reasonable and proper legal costs can be funded by the deceased's estate.

[Falcon5]

We (defending the Will) are executors and beneficiaries of the Will. The Claimant is also an executor and beneficiary.

[Pezza54]

The claimant is clearly not going to act impartially when undertaking executor duties, so should be excluded from discussions between other beneficiaries and executors about defending the claim.
The executors and beneficiaries should also seek legal advice.

[Falcon5]

Yes, we (executors/beneficiaries) seeked legal advice. It's now at a standstill with the claimant on one side and us on the other.

[atticus]

When you sought advice, what were you told? Ard you acting on the advice you were given?

[Falcon5]

Yes, we followed all advice given. We prepared a pre-action letter of response and also made a generous offer (which was not accepted). The Claimant sent a number of his own offers but all of them were heavily in his favour. Our Solicitor advised us not to accept them (we agreed, as they were unreasonable offers). A warning was served and the Claimant appeared.