Contact us for a free consultation about making a negligence claim against an executor
The law governing executor negligence starts with the duty of care owed by executors to their co-executors and the beneficiaries of the estate. In certain situations, a legal duty can also be owed to third parties.
This means that executors are required to exercise a reasonable level of skill and care when carrying out their duties. If they do not meet the required standard, then they may face a negligence claim.
If an executor fails to act diligently, fails to safeguard the assets of an estate, or acts with undue delay, then they may become legally liable for the loss suffered as a result.
An executor negligence claim is a legal action that is brought against an executor who has acted in breach of their duty of care, resulting in another party suffering financial loss. Where this has occurred, then, in addition to claiming compensation, the court can also make an order removing the executor from office.
Where the executor is a professional person, such as a solicitor or an accountant, then an executor negligence claim is dealt with according to the principles governing professional indemnity law. A higher standard of care can be expected from a professional executor as compared to a layperson who is acting in that capacity.
A professional executor will generally hold professional indemnity insurance. This means that if they have caused you financial loss, then if you win your executor negligence case, the damages awarded will be paid by the insurers. Lay executors, by contrast, may not have insurance and may not have the personal assets to meet an award, so this factor needs to be taken into consideration when contemplating legal action.
We operate a free legal helpline for claims with a value over £10,000. Simply send us details of the executor’s failings and the financial loss that you have suffered, and our SRA regulated solicitors will then assess the prospects of making an executor negligence claim.
We are often able to deal with executor negligence cases on a No Win, No Fee basis.