An executor or administrator should aim to finalise a deceased’s affairs within 12 months. Here a leading expert explains the four options available if matters are taking too long.
THE loss of a loved one is hard enough, and any delays in dealing with a deceased’s estate are only likely to add to the anguish.
For many, grappling with hold-ups in the process can be both confusing and time-consuming.
And for those who have not handled such matters before it can also be very difficult to establish what options are available to resolve matters.
Expert Steve Bish, who is a full member of the Society of Will Writers and a Fellow of the Institute of Paralegals, said dealing with complaints around this area is a topic he is increasingly providing support on.
He said: “It is advisable to give careful consideration when choosing an executor(s) and whether someone independent might be suitable. After a death, the estate’s executor or administrator has the job of winding up the deceased’s affairs.
“The task of administering an estate can be time-consuming and is often complex. Where an executor or administrator is not coping with the job or is simply not doing anything to wind up the estate, those with an interest in the estate may need to take action.
Outlining the timeline an executor or administrator should usually be working towards, Steve said: “If the deceased did not leave a Will, the executor or administrator should aim to finalise the deceased’s affairs within a year. If you do not believe that any progress is being made, you have a range of options.”
Here, Steve outlines the options available when delays are occuring:
Citation To Accept Or Refuse A Grant
A citation is a notice calling on someone to carry out a specific act and can be served by a beneficiary on an executor who has failed to start work on the estate administration. A citation to accept or refuse a grant requires the potential executor to respond by entering an appearance. The potential executor can decide to obtain the Grant of Probate or they can decline, in which case the person with next priority can make the application. If the executor does not respond to the citation then they lose their entitlement to act as executor and the person who is next in order of priority can apply. If they enter an appearance agreeing to act as executor, they should then proceed to deal with the application for a grant.
Citation To Take Probation
Another option is citation to take probate. If the executor or administrator has taken some action in respect of the winding up, known as intermeddling, but has not obtained a Grant of Probate (or in the case of an administrator a Grant of Letters of Administration), then a citation can be given to them requiring them to respond with an appearance. If they file an appearance, they should then apply to obtain the grant. If they do not respond with an appearance, then the interested party can ask the court for permission to obtain a grant themselves.
Citation To Propound A Will
Alternatively it may be necessary to serve a citation to propound a Will. If the deceased left more than one Will, then a beneficiary can serve a citation to propound a Will, ie. to prove the validity of a particular Will. They will need to show that the Will in question is valid. If the person in receipt of the citation does not then file an appearance, the person serving the citation can ask the court to issue a grant in respect of the Will.
Finally, You May Need To Remove An Executor Or Administrator
If the executor or administrator has taken some action in administering the estate, but you are not happy with progress or you do not believe that they have been acting in the best interests of the beneficiaries, then it may be beneficial to take steps to address this.
The best way to deal with this is generally by consent, with the executor or administrator stepping down so that someone else can take over the administration. Negotiation led by a legal expert in probate matters may be helpful where an agreement cannot easily be reached. If it is still not possible to agree, then mediation can be tried.
As a last resort, it is possible to ask the court to remove an executor or administrator who is failing in their role.
If you would like further information on this or any other Estate Planning issue, contact Steve Bish via https://www.sbishestateplanning.co.uk/about or on 01727 220930/ contact@sbishestateplanning.com
