- More executors being taken to court by beneficiaries
The number of executors of wills being sued in the High Court has jumped 21% in the past year, with 87 cases in 2023, up from 72 cases in 2022, says TWM Solicitors, the leading private wealth and family law firm.
These claims, over ‘breaches of fiduciary duty’ centre around an executor responsible for administering a will failing to act in the best interests of the beneficiaries.
Common breaches of fiduciary duty include when the executor distributes assets against the terms of the will, harms the estate through neglect, or acts in the interest of some beneficiaries to the detriment of others.
TWM says whilst the number of High Court cases of fiduciary duty breaches is growing, a large percentage of these cases are settled before they reach the courts. This means that the actual number of fiduciary duty disputes is likely to be much higher.
TWM adds that the rise in claims against executors in the High Court shows that it is vital that people appoint someone they trust to administer their estate following their death. They should also make sure that if they appoint more than one executor, as is common, people pick executors who will work well together. Disputes between executors are a frequent cause of claims.
Caroline Foulger, Partner and Head of Private Client at TWM Solicitors, says: “For people making wills, writing it correctly is not the only consideration. Pick the wrong executor and costly disputes can very easily happen.”
“Appointing an executor is a hugely important decision and one that should be made after taking professional advice. Unfortunately, it is too common for executors to feel that they have the right to make decisions against what it is in a will.”
“If there is nobody you trust enough or your estate is large and complex, appointing a solicitor to be your executor can be a good solution. They will have lots of experience in navigating the process and can help make sure your wishes are followed properly.”
21% rise in executors of wills being sued in the High Court – 87 cases in past year
