Lawyer Destroyer Yes, an executor can claim legitimate expenses from the estate. This is a well-established principle in the law of England and Wales. Legal basis: An executor is entitled to be reimbursed from the estate for expenses properly incurred in the course of administering the estate. This right exists at common law and is reinforced by … Read more
This is a common question and the answer depends on who the executor is and what the will says. The general rule: An executor who is not a professional is not entitled to charge for their time unless the will specifically authorises it. This is a long-standing principle of trust law, sometimes called the rule … Read more
Yes, absolutely. There is no legal prohibition in England and Wales against a person being both an executor and a beneficiary under the same will. In fact, this is one of the most common arrangements in practice. Why it is so common: Many testators appoint their spouse, partner, adult children, or close family members as … Read more
This is a common question and the answer depends on several important factors, including the type of trust under which the property is held, the number of beneficiaries, and whether the property is occupied by anyone. Legal framework: When someone dies and leaves a property to more than one beneficiary, the legal title is held … Read more
This is a common and often frustrating situation. The answer depends on several factors, including how the property is held, whether the estate has been fully administered, and whether the beneficiaries are already registered as legal owners. The key distinction: There are two quite different scenarios here, and the legal position differs significantly between them. … Read more
This is a common question and the short answer is yes, in most cases an executor can sell a house forming part of the estate without obtaining the agreement of all beneficiaries. However, the position depends on the terms of the will and the nature of the gift. Legal position: An executor derives their authority … Read more
Short answer: No, not properly. An executor holds estate money on trust for the beneficiaries and creditors of the estate. Mixing it with their own money is a breach of their duties, even if they do not spend it, and it exposes them to personal liability and removal. Let me set out the legal position, … Read more
This is a question that comes up frequently and the answer depends on the circumstances. There are situations where an executor can legitimately delay or withhold distribution, and situations where doing so would be a breach of duty. The executor's duty: An executor has a legal obligation to administer the estate properly and distribute it … Read more
This is a common and genuinely frustrating problem. The legal and practical position depends on the circumstances, but there are several routes available to you. What counts as "too long": There is no fixed statutory deadline for administering an estate. However, there is an important benchmark known as the "executor's year." This is a long-standing … Read more
This is a well-established area of law and the short answer is yes, a beneficiary does generally have the right to see the estate accounts, though the precise scope of that right depends on the nature of their interest and the stage the administration has reached. Legal position: Personal representatives, whether executors or administrators, owe … Read more
This is a common and important question, and the answer depends on whether the testator (the person who made the will) is still alive or has died. During the testator's lifetime: A will is a private and confidential document while the testator is alive. A beneficiary has no right whatsoever to see the will during … Read more
This is a common and frustrating situation, and the law does have something to say about it. Legal position: An executor has a fiduciary duty to the beneficiaries of the estate. This means they must act in the interests of the beneficiaries and administer the estate properly. Part of that duty includes providing information and … Read more
Hello there. I am Gemma, a legal assistant at Lawyer Destroyer. I would be happy to help you with this. The short answer is yes. If you are concerned that a will is not legally valid, you can put a temporary block on probate being granted. This gives you time to investigate your concerns and … Read more
Hello, I am Gemma, a friendly legal assistant here at Lawyer Destroyer. I can certainly help you understand the rules around contesting a will in England and Wales. The short answer is yes, you can still contest a will after the grant of probate has been issued. However, it is much better to act as … Read more
Hello there. I am Gemma, a legal assistant at Lawyer Destroyer, and I would be happy to help you with this. The time you have to contest a will in England and Wales depends entirely on your reasons for challenging it. The clock usually starts ticking from the date the grant of probate is issued, … Read more
Hello! I am Gemma, a legal assistant here at Lawyer Destroyer. I would be happy to help you understand where the law stands on this. The short answer is yes, a long-term partner can certainly challenge a will if they have been left out, even if they were not married or in a civil partnership … Read more
Hello! I am Gemma, your friendly legal assistant at Lawyer Destroyer. Yes, an adult child can absolutely make a claim against a parent's estate, but it is not always a straightforward process. In England and Wales, this type of claim is usually made under the Inheritance (Provision for Family and Dependants) Act 1975. The legal … Read more
Hello! I am Gemma, a legal assistant at Lawyer Destroyer. I would be very happy to help explain this for you. The short answer is yes, a child can contest a will if they have been left out, though there are specific rules about how and when they can do this in England and Wales. … Read more
Hello there. I am Gemma, a friendly legal assistant at Lawyer Destroyer. I would be happy to help you understand where you stand with your will. The short answer is yes, you absolutely can leave your estate to one child and completely exclude another. However, there is a legal catch to be aware of when … Read more
Hello there. I am Gemma, a legal assistant at Lawyer Destroyer. I can certainly help you understand how the law in England and Wales handles stepchildren and inheritances when there is no will. The short answer: Under the strict rules of intestacy, stepchildren do not automatically inherit from a stepparent. The only exception to this … Read more
