The short answer to this is yes, you can. However, it is crucial that you understand the different roles that you will be playing in both your capacity as an executor and a beneficiary.
What is an executor?
This is a person, people or professional appointed via a Will who is/are responsible for dealing with the deceased’s estate. They are legally responsible for carrying out the provisions of the deceased’s Will and the main types of duties that come with role are as follows:
- Valuing the deceased’s estate and working out if any inheritance tax is payable
- Applying for probate
- Paying any taxes or bills that are owed by the deceased’s estate
- Distributing the estate in accordance with the Will
An executor must act impartially and uphold the duties listed above.
What is a beneficiary?
This is a person, people or body named in the Will as someone who will receive a benefit or a gift from the estate of the person who has passed away. They only have legal rights over what is due to them once the estate has been distributed.
What shall I do if I want to make a claim against the estate?
The simple answer would be to step down or renounce your role as an executor. This would prevent you from engaging in matters that would give rise to a conflict of interests. The other executors could apply for probate and you could then investigate any possible claim you may have.
What if I am the only executor?
It is important for those making a Will to consider appointing a substitute executor should that person be unable to act for whatever reason. If no substitute executors are appointed, you can apply to the Court and seek that an independent party (i.e. a solicitor) be appointed to act on behalf of the estate.
The Court could agree to a limited grant that allows the solicitor to collate the estate assets but not distribute any until all disputed matters have come to an end.
What if there is no Will?
If you are considering making a claim against the estate and are a person able to apply for Letters of Administration then you should refrain from doing so to remove you from any matters giving rise to a conflict.
How Can Our Contentious Probate Solicitors Help?
Claims regarding a person’s estate and inheritance can be complex, and it is crucial to seek specialist advice from an experienced contentious probate solicitor. Many Will disputes can be resolved through mediation, thereby avoiding any time-consuming and costly court proceedings.
At Bridge McFarland LLP, our experienced trusts and probate solicitors will advise you on the merits of your particular case and recommend the best way to proceed based on your particular situation.
Where mediation is unsuccessful or inappropriate, our team of specialist Will dispute litigators will defend your interests in court and secure the best possible outcome for you.
To speak to one of our contentious probate solicitors in Lincoln, Scarborough, Louth, Hull, Market Rasen and Grimsby, call 0800 987 8800 or email us at wills@bmcf.co.uk.
