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Claims against Personal Representatives

When a person makes a will, they will name someone to act as an executor. If they die without a will, this person is known as the administrator. Executors and administrators are otherwise known as personal representatives of the estate (“PR”).

PRs can be a firm of solicitors but they are often family members or friends. They can also be beneficiaries of gifts from an estate.

The PR will deal with the estate when someone dies and take steps to collect in the estate, such as closing bank accounts, valuing or selling a house, and arranging the funeral. They use estate monies to discharge any estate liabilities and then distribute the estate in accordance with the will, or the intestacy rules if there is no valid ill.

If part of an estate is left to a person who cannot receive it straight away (e.g. because they are under 18), a trust will be created and someone will be appointed as a trustee, whose role is to manage the trust. Trustees can perform other roles as well.

PRs can make mistakes, including selling property for less than it is worth because of poor valuations, not selling property quickly enough, not giving the property to the intended person quickly enough, and failing to insure property which gets damaged.

PR’s may also deliberately act in the interests of themselves or others, rather than those of the estate and beneficiaries, and may also have wasted estate assets.

We help people receive their entitlement from an estate no matter what has happened during its administration. We also assist PRs where allegations are being made against them concerning their administration of an estate. 

These types of disputes can often be complex. However, we have particular expertise in this area of law, and can help you. We pride ourselves on providing clear professional advice and guiding such disputes towards a satisfactory resolution, through court proceedings when necessary, but often through alternative dispute resolution, such as mediation, thereby reducing expense and delay.

Daniel Muckle is our will and estate dispute resolution specialist solicitor. If you would like to discuss your dispute with him, do not hesitate to contact him on 020 8771 5254

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Daniel Muckle
Litigation Solicitor
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