There are a number of legal options for dealing with an unresponsive executor. In this real-life case study we look at how we forced an executor, who for 15 years had refused to account to our client for his share of rental income on a property owned by the estate, to sell up and pay him what was owed.
When our client’s father died 15 years ago he left his home to our client and his two siblings in equal shares, to be held on trust.
His brother was named as Executor and Trustee and, during the ensuing years, he rented the property out, receiving rent from the tenants. He occasionally carried out repairs to the property but never made any payment to our client or his other sibling, who were each entitled to one-third of the rent, less expenses.
On a couple of occasions, our client asked his brother about the rent he was due, but he was ignored.
Our client was in desperate need for money to pay off his student loans. He therefore consulted us for advice on dealing with an unresponsive executor, and we recommended making an application to the Court for what is known as an “Account”, requiring his brother, as executor, to provide details of all the rent he had received, and the expenses he had paid out.
When the executor complied with the court order it was clear that the expenses he had claimed were over-inflated, and included payments to himself as a “managing agent”, even though there was no legal authority for him to do so.
The Court ruled that a substantial payment should be made to our client and that the house should be sold so that the funds could be distributed. The Court also ordered the executor to pay all our client’s legal costs.
If you require expert guidance on dealing with an unresponsive executor then contact our free legal helpline.
