Executor's fiduciary responsibilities to the estate.

[Dev'sAd]

The executor's responsibilities are clear. But what happens in a contested Will situation, with more than one Will, different executors, and different named beneficiaries?

Should each executor contact their relevant beneficiaries to advise them of their inclusion, so that the beneficiaries can, for example, consider whether to (help) contest the outcome?

Thanks.

[atticus]

That can be done. It has nothing to do with fiduciary duties.

You really are busting for a fight!

[Dev'sAd]

That can be done. It has nothing to do with fiduciary duties.

You really are busting for a fight!

Moi?! Umm...

Should it be done? By not informing the potential beneficiaries, surely they are being excluded from the opportunity of challenging the estate's outcome?

If you were a significant named beneficiary in a contested Will situation, and only found out later - after the estate had been concluded to your detriment, simply by 'your' executor not even attempting a valid challenge - that you'd incorrectly lost out on a considerable sum, would you have a case against your executor?

Ta.

[atticus]

My comment was based not on one post but several threads (you have started 9 so far).

[Dev'sAd]

My comment was based not on one post but several threads (you have started 9 so far).

I have indeed. As you know, it's quite complex and nuanced. I don't see how the number of threads should have a bearing on your decision to reply to any one of them, but that is of course your choice to make.

The person I am attempting to assist is disadvantaged by her financial position. The task of obtaining equal sight of the estate's documents, should, for example, be a matter of obligation and courtesy by the other parties, who have given themselves this advantage by being the ones first in through the door; it should not require more than a simple request. It should not require the assistance of a legal representative. Which is just as well, as the quotes obtained for just this initial task have typically been in excess of £3k. In my opinion, this is a moral outrage.

The 'law' puts in place a set of expectations of normal behaviour, obligations, and duties. But if someone cannot be bothered to fulfil them, then it's multiple £ks to force them.

[BlakSheep]

There appears to be a level of complexity and nuance that may need the courts to decide. Others more knowledgeable than I can advise but if there are multiple Wills and potentially different named executors and/or beneficiaries it may require mediation, or a court appointed official to determine which Will takes precedent. Good luck!

[atticus]

The number of your threads and their content have a bearing on my replies to you - I cannot pretend not to know what has gone on before - and not on my decision to reply.

[Dev'sAd]

There appears to be a level of complexity and nuance that may need the courts to decide. Others more knowledgeable than I can advise but if there are multiple Wills and potentially different named executors and/or beneficiaries it may require mediation, or a court appointed official to determine which Will takes precedent. Good luck!

Thank you.

Yes, it is nuanced, but the current matter - trying to gain access to the estate's documents - should be straightforward, and shouldn't require LegRep. On gaining sight of these documents, my friend will then know whether there is a valid case to pursue. She is prepared to pay for good LegRep once she is confident there is a valid case; she even has someone lined up for this.

That's it.

Unfortunately, the other parties are not, as yet, following the accepted protocol, and this is pushing my friend towards a considerable outlay that she simply should not have to expend.

Isn't that all fair enough?

[Dev'sAd]

The number of your threads and their content have a bearing on my replies to you - I cannot pretend not to know what has gone on before - and not on my decision to reply.

I am at a loss to understand why the quantity of previous threads has a bearing on your continued assistance, Atticus. Are they not all quite different, and perfectly valid Qs? Your previous answers have been extremely helpful, and I am equally grateful. It is surely what this forum is about.

Not that it should have any bearing, but I am on two other major forums, MSE DIY and GardenLaw, where I provide help and advice on issues I am au fait with. My posts - like yours on here - are in the multiple 1,000s

You understand what stage we are currently at - trying to gain access to the estate's documents. The other parties are currently not following the accepted protocol, but we are making inroads into this, mainly by getting them to accept their obligations, one step at a time. It's painful, and pathetic.

The purpose of this thread is to check whether their lack of protocol goes beyond the issue of these documents - is the executor effectively failing in all their duties? I can categorically state that my friend has carried out their obligations to the letter. This is important, since I am certain that the behaviour of the other parties will be considered poor form should this go to court.

Do you not have a professional interest/ curiosity in this too? After all, I have seemingly made you aware of an element of probate law of which you were previously not aware? :-). I discovered that, from my own research; I ain't just sitting here firing out questions to others. To be fair to you, once I 'teased' you on that other issue, you did come up trumps.

Isn't this thread a simple Q that could have been answered more helpfully by now?

[atticus]

[previous text deleted]

[Dev'sAd]

[previous text deleted]

No idea what that is supposed to mean. You clearly have your reasons, Atticus, but it's a shame you don't express them in a helpful manner.

This is actually not unlike dealing with the other two solicitors.

[atticus]

I said it best, when I said nothing at all.

You are reading too much into nothing.

[Dev'sAd]

I get it, Atticus - but it isn't helpful. Isn't that the purpose of this forum?

My question remains; if there is more than one executor, due to there being more than one contested Will, should each executor - morally, judiciously, fudiciarily, protocoly, whateverly - contact their respective named beneficiaries in order to inform them of the situation, and therefore allow them the opportunity to challenge the process?

If you found out that you were a significant named beneficiary in a contested probate case, where you understood what the correct outcome almost certainly should be, but that this wasn't being challenged due to a simple lack of action by the executor, what would you do?

And you know from my previous posts that the currently 'accepted' outcome is almost certainly not the correct one.

[Dev'sAd]

At the risk of being accused of flogging 'dead 'orse, the executor of a disputed Will has a fiduciary duty towards the deceased, in trying to execute their estate according to their wishes, especially when an intestate outcome would go directly against the testator's wishes.

No need to discuss.

[atticus]

Not wishing to discuss, merely to observe that you have just given an answer to a different question to the one originally asked.