Posted: Friday, 26 July 2019 @ 09:33
In litigation when faced with difficult executors there are some dos and do nots.
Some of the Dos:
1 Do not be over-emotional in how you deal with executors no matter how stressful the situation is. What you are trying to do is to create a paper rrail if matters go to Court which is calm and considered not an emotional rant which will put off the Judge.
2 Be sparing in making threats but if you do make one follow it through.
3 Be careful with which legal methods you use. There are a number of tactics which you can use such as issuing a caveat/making an application for inventory and account, just suing the executor directly. They key is identifying the best one.
Some of the Do Nots.
1 Do not be Negative. What I find with clients is that they can get prone to negativity and sucked into pessimism or the belief that the executor is going to get away with it. You are never going to achieve anything by that.
2 Do not Dictate Tactics To Lawyer. It is good to discuss and input with the person you are paying. What is less good is over controlling the way the lawyer is dealing with the case.
3 Do Not Avoid Long Term Plan. As yourself. - What fundamentally do you want to achieve with your lawyer?