The executor has the final say on a lot of matters. If you would like to learn more information about what happens if an executor does not follow a will, or if you are interested in our legal services for wills, estates, and trusts, please contact Linley Welwood at 604-850-6640 or by filling out a contact form on our website. W hen an executor refuses to act, beneficiaries of the will may become upset because the executor is the only person who can ensure the estate gets distributed. If the will is already in the Texas probate process, then you will need to petition the probate court. If an executor fails to carry out what the will asks for, a beneficiary or other interested person, such as a creditor, may petition the probate court to have the executor removed. The executor of a will is usually named by the deceased person in their will and is appointed by the probate court; however, if the will does not name an executor, the court can appointment someone to stand in place of the executor. If they do not, then they can be held personally responsible if the request is not carried out. Peter Hindley and Susan Goodsell wish to inform visitors to this website that: “Any Last Will and Testament can be legally ignored and bypassed in the United Kingdom, there is nothing within the Laws as they stand today to stop such abuse by any executor. What to do if an Executor Does Not Follow a Will. We have an office in San Antonio and handle will and probate issues throughout Bexar County. In general, relatives and friends have no legal obligation to do anything to pay the debts, to communicate with creditors, or open a probate. Challenging an Executor of not following the will's instructions My parents left a will, stating that their home/lot next door be sold and divided amongst the 5 heirs equally. An executor has a fiduciary duty to make careful decisions and put the heirs' interest ahead of his own. However, if you have been disinherited in a will because you believe there’s been foul play such as undue influence or fraud, contesting a … If they fail to do so, beneficiaries have legal standing to take them to court. "priceRange":"$$", When accepting the role of executor, the individual appointed is also accepting the position as a fiduciary (someone who holds a legal and ethical relationship of trust and cannot benefit at the expense of a beneficiary) along with numerous responsibilities associated with the role. If an executor does not carry out the wishes that are stated in the will, a beneficiary may petition the probate court to have the executor removed. If the executor is truly incapable of acting, then the executor should resign and be replaced. Can an executor ignore a will, though? How Long After a Death Should a Will be Filed? If you can prove to the court that the current executor is incompetent or mishandled the affairs of the estate, the court will relieve that executor and choose a replacement. If they don't follow the Will and a Beneficiary feels that they have not received their full entitlement, they are entitled to challenge this. The court may remove the executor and appoint a new person in their place. In the event that an executor fails to put the beneficiaries’ best interests first, they can be held personally liable. Among other things, our attorneys are prepared to: Conduct a comprehensive and confidential review of your case; Answer your questions about the proceedings; Investigate the conduct of the will executor; and. You need to consult with your attorney to gain a clear understanding of where the boundaries are for the authority of the executor. "addressRegion": "Texas", Once obtained, the inventory and account can be examined by the beneficiary in order to assess whether any further steps are needed in respect of the executor. To have an executor removed from an estate you need to be able to show that they are not living up to their responsibilities of their job or that they are doing something that isn?t legal. If you are an executor, you can save yourself a lot of grief by simply keeping the beneficiaries informed. }, If the beneficiaries feel at any point that the executor is not following performing their duties correctly, they can bring the case before a judge and request that he or she remove the executor. Anyone who is in possession of an original signed will of a deceased person is required by law to file the will with the probate registry of BC after receiving…, © 2020 Linley Welwood LLP |  Disclaimer | Site Map | Privacy Policy. As a general matter, a properly drafted will leaves specific instructions for what the executor needs to do to settle the estate. In these situations, the prosecutor would claim the executor intended to hide the will or not take the estate through probate because it would provide financial gain for them. If an executor does not carry out the wishes that are stated in the will, a beneficiary may petition the probate court to have the executor removed. And effective advocates for our clients of when this may be appropriate, imagine that an executor is in of... However, in order to be paid and it is not then they be. Provisions of the will and pay all debts owed by the intent of the core estate lawyers... 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