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Beneficiary libels executor, any recourse?

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  • Beneficiary libels executor, any recourse?

    Can an executor sue a beneficiary if they've libeled them? I am talking a clear cut, in writing, lie stating the executor stole from the estate, which is easily proven as a lie. E.g. they claimed a house sold for more than it did and the executor pocketed the difference, even though conveyancing, and banking records clearly show the amount the beneficiary is claiming is made up. Would the executor be able to take the beneficiary to court for harrassment, defamation etc if they keep on perpetuating smears and being vexatious? How should such a beneficiary be dealt with, bearing in mind their initial serious smear against the executor in writing, which the executors lawyers have in their possession in this scenario.
    Last edited by Foxglove99; 11th June 2024, 13:00:PM.
    Tags: None

  • #2
    The beneficiary has accused you of a crime in writing to 3rd parties, a crime you did not commit, so it is Libel Per Se
    It may be the case the beneficiary has not realised that the cost of estate agent and legal fees are deducted from the sale price. It does not make any difference if a person makes a negligent defamatory statement when it is a private individual that is affected

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    • #3
      I know it is hard but the best course may be to ignore. If they are only writing to your solicitor and he/she knows the truth...

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      • #4
        Originally posted by Pezza54 View Post
        The beneficiary has accused you of a crime in writing to 3rd parties, a crime you did not commit, so it is Libel Per Se
        It may be the case the beneficiary has not realised that the cost of estate agent and legal fees are deducted from the sale price. It does not make any difference if a person makes a negligent defamatory statement when it is a private individual that is affected
        Thank you for your reply. That is most helpful. Sadly, they most definitely did not make a mistake as they included wording to imply that the exectuor knowingly and with malice took money and moved money that was never there in the first place. It is not the first smear they have made either. This one was to the solicitors, previous ones have been to family, all around the property issue. I think what may have precipitated it is that the property sold for less than previous estimates due to it having been neglected and run down. I think they were expecting more of an inheritance, but their claims are not based on reality and thefefore it is becoming increasingly difficult to deal with them for the executor.
        Last edited by Foxglove99; 11th June 2024, 14:05:PM.

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        • #5
          Libel action is almost always for people with more money than sense. Yes it can be done, but it is rarely wise.

          Make sure everyone sees and understands the estate accounts, backed up as necessary with supporting documents. And tell this person to take his money and get lost.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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          • #6
            I agree with atticus. Transparency with the other beneficiaries is the key. And just pay to the libelling beneficiary what they are due then ignore them. Suing them for libel would be expensive and it's not obvious from your post how you would prove you had suffered "serious harm", the requirement nowadays for bringing a successful libel action.

            As Executor you are required to produce Estate Accounts. Some guidance here:

            What are Estate Accounts? (co-oplegalservices.co.uk)

            You have to give them to the residuary beneficiaries but nothing to stop you giving them to all beneficiaries if they have been hearing the libellous allegations.

            The conveyancing solicitor should have given you a 'completion statement' setting out the sale price and all the deductions and costs incurred and the net amount transferred to you. Attach that to the Estate Accounts.


            All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

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