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Probate Wars – If Your Executors Do Not Get On The Main Beneficiary of Your Estate Will Be Lawyers

Posted: Friday, 4 January 2019 @ 13:43
Recently I have been involved in advising a number of individuals in probate disputes; what I have found as a theme is that often it is a dispute between warring executors. Typically (but not always) it will be siblings who just do not get on.

The problem which the executors face is that once they do not get on and whoever is right or wrong, if the estate becomes deadlocked it is very difficult to break.

One party can enter a caveat for little cost which acts a barrier to moving forward and whilst theoretically applications to the Court can be made to resolve this, the legal costs can be prohibitive.

What I do find surprising is the conduct of some law firms which can only be described erratic. Some act impressively and ethically in formulating their client’s position. They recognise the careful balance required between being assertive and being inflammatory.

Others take a different approach and fall victim to macho and at times ignorant conduct. This may be in part due to law firms suffering financial stress as it seeks to go on the no win/no fee route. A shame as it is their clients that lose just as much as the other party, if not more.

The solution is to be careful whom you appoint as executors and identify and deal with any possible risks beforehand.

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