Executors have incredibly complex and onerous work to undertake in large and complex estates, as the case below illustrates. Many tens if not hundreds of thousands of pounds will have been spent on both parties legal fees, which could have potentially have been avoided if the matter was dealt with by a (neutral) professional.
I often find that many Executors and Personal Representatives do not fully understand their duties, or the fact there is a personal responsibility/liability attached to this role.
In estates of this size, where beneficiaries are also executors, the potential for a costly dispute is significant.
Woman wins executor dispute over £4.9m international estate A brother was ordered by court to pay back £1.7m to his sister after a “rare” executor dispute was refused permission to appeal by the courts. The law firm representing the sister, Kirsty Cadogan, secured her inheritance, after fighting the case since 2011. Her brother, Kevin Cadogan and Kirsty Cadogan were both executors of their mother’s 4.9m estate and both had claims against each other to “account on a footing of ‘wilful default’”. However, in June 2019, the high court judgement found in favour of Kirsty Cadogan, so Kevin Cadogan appealed the decision, but the court of appeal have rejected all requests going forward. Background to the case “Veronica Cadogan died in September 2011 and two of her five children, Kirsty Cadogan and Kevin Cadogan, became administrators of her estate. “Her Will said the estate, involving 14 UK and international properties thought to be worth around £2.4m, should be shared among her five children equally.