The passing of a loved one brings grief with it. Everyone grieves differently, but what unites many people’s experience with grief is the need for clarity and certainty. Often, the dividing up of a loved one’s Will, and the settling of their estate, can bring that clarity and closure.

For some, however, this journey far more complicated because of an executor not behaving as they should.

Wirral Globe: Danielle Blaylock, Contentious Probate Solicitor at Jackson LeesDanielle Blaylock, Contentious Probate Solicitor at Jackson Lees (Image: Jackson Lees)

We spoke to Danielle Blaylock, Contentious Probate Solicitor at Jackson Lees, who explains why you don’t have to cope with these difficulties alone.

“While estate administration is a legal process, it’s also a really important journey for many people when it comes to grieving. Winding someone’s estate down can be a lengthy process that brings up a lot of emotions, which is why it’s vital that the estate is handled by an executor you can trust.

“The executor is the person who is responsible for administering the estate of someone who has passed away. They have three duties that are legally binding.” Danielle goes on to explain the three duties set out in the law, as follows:

“It is their responsibility to collect the real and personal estate of the deceased and administer it according to law. Then, the executor also has to present a full inventory of the estate and present an account of the administration of the estate to the court.

“The executor’s third duty is to officially give the grant of probate or letters of administration to the High Court when asked to do so.”

Danielle explains that the grant of probate or letters of administration are the legal documents that give them the power to wind down someone’s estate.

An executor’s duties are clearly set out in the law and help to guide them through the process of administering an estate. Thankfully, this law protects the deceased’s estate, and holds an executor to account.

“Executors have a lot of responsibility,” Danielle explains, “but, what if they fail to act and refuse to undertake their duties to administer the estate? It can have a huge impact to the people who are set to benefit from the estate, particularly during this emotional process.

“Firstly, I would advise that people speak to an expert. The reality is that the law exists to hold executors to account, and there are a number of paths you can go should an issue arise.”

Specialist lawyers like Danielle can provide comfort and help a beneficiary, someone who is set to inherit from a Will, take the right legal steps to get closure.

“Whether it’s a matter of serving notice on an executor who hasn’t applied for the necessary legal paperwork, a subpoena or citation for delivery of a Will or even asking the Court for permission to replace the executor with someone else, these processes provide a framework of responsibility.”

This framework of responsibility can be a lifeline to people who are struggling with an executor refusing to act. Danielle also highlights that this legal process can be a wake-up call for executors who are struggling with the duties they’ve been given and need clarity in their role.

We asked Danielle what her main takeaway is for anyone who is struggling with the dividing up of a loved one’s estate. Her response is as follows:

“If you are faced with an executor who is refusing to act or who is holding up the winding down of someone’s estate in another way, seek specialist advice. Equally, if you are an executor who has been served with a subpoena or citation, make sure that you know where you stand with the right legal support.”  

If you would like to talk to one of our empathetic specialist advisers, you can call us free on 0808 296 3258 (also free to call from mobiles) or email enquiry@jacksonlees.co.uk. Alternatively, visit our website www.jacksonlees.co.uk

A Flexible Service

At Jackson Lees we understand that knowing where you stand is one of the most important things. In cases where things haven’t gone as you’ve expected, we can help you get clarity. We will provide you with expert, professional and sensitive legal advice, helping you deal with a wide range of civil litigations matters including dealing with Will disputes and contentious probate.

What Jackson Lees can do for you…

  • We have empathetic and experienced litigators to help you know where you stand
  • Three local offices to choose from:
    • Hoylake 0151 601 8797,
    • Heswall 0151 909 2785,
    • Liverpool 0151 909 5766
  • We also offer assistance if you are in a dispute regarding inheritance
  • We offer a range of funding options, including Conditional Fee Agreements
  • We can meet you at any office, as well as virtually

Let Jackson Lees make things a little easier for you and your family. Contact our Wills, Trusts & Probate team to book an appointment or to chat through your requirements. Call us free from either a mobile or landline on 0808 296 3258.