Executor dispute resolved without court proceedings
Case study of an executor dispute that we managed to resolve by negotiation, without expensive court proceedings being necessary.
Contentious probate lawyer Naomi Ireson recently represented an executor who was in dispute with his brother and fellow executor.
The executor dispute related to the estate of their late mother. The terms of their mother's Will were fairly simple. The Will appointed both sons as executors and left the estate in equal shares to them, with our client's brother being responsible for discharging the mortgage liability from his share of the estate.
Unfortunately the two brothers could not agree on how to administer the estate and this resulted in lawyers being appointed.
Before consulting us our client had been unable to make contact with his brother, who was simply refusing to take any action to administer the estate. Our client was understandably concerned that the mortgage company would shortly repossess the property. If this happened it would leave little in the estate for him to inherit.
Specialist lawyer Naomi Ireson took up the case. She managed to establish contact with the co-executor and was able to enter into correspondence with his newly appointed solicitors.
This resulted in Naomi negotiating an 'out of court' settlement of the executor dispute. An agreement was drafted which timetabled the steps each executor would take to ensure that the finalisation of the estate was streamlined and smooth running.
Fortunately the property was not repossessed and expensive court proceedings were avoided.