Financial & Legal News

Care should be taken when appointing an executor

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Solicitors at Pearson Hinchliffe are warning people to be cautious and choose carefully when appointing executors of Wills. The alert follows the case of a man who was convicted of stealing £25,000 from his uncle’s estate while he was an executor of the Will

The case highlights the importance of choosing someone who can be trusted to administer the Will after being appointed an executor. In situations where co-executors are appointed it is also important that all the executors play an active part in overseeing the proper administration of the estate and the discharge of their duties in full accordance with the deceased’s wishes.

In the case in question the executor appointed to administer the Will had a previous conviction for fraud and had been jailed for two years for defrauding customers of the bank where he had worked of over £150,000.

While the administration of the estate was ongoing, the man pretended that a substantial tax bill needed to be paid using the lie as a ruse to pocket the money. 

He had also stolen over £4,000 by taking out credit cards in the names of his parents.

The fraud was only discovered when one of the other executors realised his signature had been forged on a cheque drawn on the estate’s bank account.

If you have any doubts about a person named as an executor of a Will or the executor of an estate, you should get advice from a solicitor.

Pearson Hinchliffe Solicitors specialist Private Client department offers a comprehensive probate and executor service including disputed wills and disputes between co-executors. To speak to a member of the team, simply contact us using the details provided below.

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

This blog was posted some time ago and its contents may now be out of date. For the latest legal position relating to these issues, get in touch with the author - or make an enquiry now.

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