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Contesting an executor of a will


contesting an executor of a will

Many cases end in a settlement to save time and money and prevent bitterness between the parties involved.
These duties typically include: Collecting the assets of your estate.
If the court rules in favor of the contestant, it may choose to throw out the entire will or only a part.
Probate, the legal process used to sort out an estate, gives the executor authority to perform his duties.Prepare a complete list of all the deceaseds assets and liabilities as well as their value at the time of death.If there is no one available to perform executor duties, the court will appoint a person or institution.The role of an executor is an important one and it is advisable and sensible for a testator to seek the agreement of the executor before the appointment is made to avoid any conflicts in the future or any claims to contest the will.A will is a document that explains how a person wants his or her property to be distributed after they die.What is a will?Who can be the executor?The High Court has a discretionary power under section 50 of the Administration of Justice Act 1985 to appoint a substitute personal representative or to terminate the appointment of a personal representative.If an explanation is not forthcoming or the beneficiaries are not satisfied by the executors explanation, he or she may make an application to court to remove or substitute the executor.



The court is likely to consider the following examples of misconduct: stealing from the estate failure to keep accounting records failure to obey a court order wasting or mismanaging the estate.
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A witness statement setting out the reasons why the removal or substitution of the executor is sought (referring to his disqualification, incapacity or unsuitability as per above particulars of the deceaseds assets and liabilities, those who are in possession of documents relating to the estate.One of our editors will review your suggestion and make changes if tlc com/long island medium warranted.Proceedings for a will contest can become very expensive.Very often, beneficiaries are keen to have the estate administered as soon as possible.It is your decision whether or not you want to serve as executor.And if you accept the role and find out the responsibilities are too much to handle, you can resign at any time.If all the conditions arent satisfied, or if there is evidence of fraud, the will is considered meaningless in the eyes of the probate court.


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