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.
Beneficiary libels executor, any recourse?
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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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Originally posted by Pezza54 View PostThe 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 affectedLast edited by Foxglove99; 11th June 2024, 14:05:PM.
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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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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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