Can a beneficiary claim against the executor if they are incompetant

phoenix7_2

I am a beneficiary in a will that has left a house between 3 of us, one being the sole executor.
He is not fulfilling his duties as there is a buyer for the house but he (executor) is not answering phone, replying to solicitors or estate agents, and ignoring everyone. Consequently the house cannot be sold and he has not even insured it so if anything happens there will be no insurance to claim against.
I have asked if the executor can be dismissed but told no. The only way is a court case which is expensive and longwinded.
If this sale does not go through and the beneficiaries suffer a loss due to this incompetence can we claim against the executor?
Before you ask if there is a reason he is stalling the answer is no-one knows. He needs the money the same as the rest of us and it appears being executor has just been too much for him as he hasn't any common sense and even less braincells when it comes to money & business.

getmore4less

same thing covered 10 days ago

https://forums.moneysavingexpert.com/discussion/5322937

phoenix7_2

getmore4less wrote: »

same thing covered 10 days ago

https://forums.moneysavingexpert.com/discussion/5322937

yes, that was me.


It has since gone on from the original thread as he has gone to ground altogether and the buyer is getting annoyed, understandably, but neither the estate agent nor the solicitor can get him to answer their calls. I am hundreds of miles away and cannot do anything as my hands are tied as he is legal executor. The other beneficiaries are not known to me personally so I don't have their contact details to speak to them. All extremely frustrating but I was hoping someone on here may have knowledge to impart.

getmore4less

Ask how much it will cost to get them removed if they don't defend.

probably cost less than trying to sue them once the losses are in place.


get a copy of the will you can find the others/send letters via the solicitor that was dealing with it.

phoenix7_2

I have a copy of the will but it doesn't give the addresses of beneficiaries, only the names & relationship.


Unfortunately the executor is of such a mindset that even though they are struggling their ego wouldn't allow them to not defend.

I am hoping it won't come to it and they will come to their sense in time but if I knew there was a legal precedent to sue them for any losses incurred I could at lest use that to try & shake them into action

G6JNS

phoenix7 wrote: »

I have a copy of the will but it doesn't give the addresses of beneficiaries, only the names & relationship.


Unfortunately the executor is of such a mindset that even though they are struggling their ego wouldn't allow them to not defend.

I am hoping it won't come to it and they will come to their sense in time but if I knew there was a legal precedent to sue them for any losses incurred I could at lest use that to try & shake them into action

Ultimately the executor is responsible for any losses suffered by their inaction. I the beneficaries wish they can have him removed but it will initially cost money but this should be recoverable from the culprit. You probably need a contentious probate specialist solicitor to help you.

getmore4less

phoenix7 wrote: »

I have a copy of the will but it doesn't give the addresses of beneficiaries, only the names & relationship.

Have you tried to find them.

phoenix7_2

yes but with only a name to go on & no address or even a county it's rather difficult