Executors – Law Journals

Executors: Do not pass go

A recent High Court decision to impose a custodial sentence on an executor is a warning to lax executors and administrators of estates everywhere. Laura Abbott discusses Totton This case is a stark reminder of the duties of an executor and the significant consequences of a failure to comply with them. An executor’s duties are …

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Will disputes: The recalcitrant executor

Barny Croft and Louise Corfield consider Pegler v McDonald, the case that has something for everyone The court deemed that its findings added up to a ‘comprehensive disqualification for [the defendant’s] being concerned in the fiduciary administration of assets for the benefit of other people’. If you have not read the case of Pegler v …

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Wills: To charge or not to charge?

Da Silva v Heselton provides welcome clarity on the circumstances in which executors can charge for their services. Lesley Harrison reports It makes no obvious sense for the estate to pay an executor for work that they carry out in which they have no relevant professional skill or business experience. In the case of Da …

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Executors: When profession counts

Catherine Pugsley and Laura Southern report on executors’ misplaced reliance on charging clauses The issue of the case was whether an executor, who was involved in a profession or business which was ‘unrelated to the administration of trusts or estates’, could rely on the professional charging clause. It is generally held that the job of …

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Probate: Pride and prejudice

Paul Willan outlines a case which shows the importance of executors understanding to whom they owe their obligations The problem was that the executors were confusing their obligations to the estate with their obligations to the discretionary beneficiaries. Practitioners will be aware that family arguments are often the most difficult of cases, whether the context …

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Executors: More than friction

Recent case law has clarified when the court considers an executor can be removed due to the breakdown of the relationship with the beneficiaries. Laura Abbott explains Executors have a duty to administer the estate in accordance with law and in a timely manner, and to act in the best interests of the beneficiaries, not …

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