Claims Against Personal Representatives

Help when an executor or testamentary administrator is not doing their job properly

An executor or administrator of an estate has a duty to the beneficiaries of that estate to act in their best interests and to exercise their duties with reasonable skill and care.

Circumstances can arise when the personal representative fails in that duty by mismanaging the deceased’s estate and causing a loss to it. This may be by way of a deliberate act or the recklessness of the personal representative.

  • Selling property below its market value, often because of the failure to obtain proper advice or because of a delay in selling assets which are diminishing in value,
  • investing assets badly or against the terms of the Will or
  • using assets for their own personal gain

... are all examples of how personal representatives may fail in their duties.

If you are a beneficiary under a Will or by reason of someone dying without one and you are concerned that the personal representatives are not doing their job properly, Cunningtons can assist you in investigating and bringing a claim.

We also assist personal representatives who are opposing such allegations or who may want advice on their responsibilities.

If you require further information as to how we may help you resolve your dispute or to bring or defend a claim please click here to email us and provide brief details of your problem and we will contact you to discuss whether we can help you and, if so, how.

Our Locations

Braintree - 01376 326868

Cunningtons LLP in Great Square and Tofts Walk in Braintree, Essex, is the head office for Cunningtons Solicitors across the UK. Established in 1748, the Braintree head office in Great Square is still in its original offices. This amounts to almost 300 years of Experience and Tradition.

The Senior Partner at Cunningtons’ Braintree office is David Drake. Paul Fenton is the Joint Managing Partner. He, along with Johanna Withams are the residential conveyancing partners at the Braintree practice. They are supported by qualified Solicitors and Licenced Conveyancers.

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