The removal of an Executor, Administrator or Trustee may occur when it is deemed they are acting in manner that does not benefit the estate of the deceased.
When making a will, the individual is required to name someone as the executor. The role of the executor is to settle any bills of the estate and then to divide the rest in accordance with the directions within the will.
In the event that someone dies without having made a will, then the person who deals with the estate is called an Administrator. The term Personal Representative is used to describe the executor or administrator of estate within legal proceedings.
A Trustee is often appointed where someone who is due to inherit under the will is a child (under 18) or lacks capacity. The Trustee ensures that the inheritance is protected until such time when the individual benefitting is able to accept it themselves.
A Personal Representative can be held personally liable for losses that the estate has incurred. Losses could be incurred either by the Personal Representative deliberately going against the terms of the will, or by them handling assets in a manner which does not benefit the estate.
There are times when disputes can arise between the Personal Representatives and/or Trustees and the beneficiaries under the will. If you believe that the Personal Representative or Trustee is acting to the detriment of the estate or beneficiary, then we can assist you in applying to have an alternative person or firm of solicitors put in that person’s place.
It’s a big responsibility to be a Personal Representative or a Trustee, so if you are unsure about what is required of you, Giles Wilson can provide any clarification or assistance you may need.
We can help ensure your loved one's estate is managed with their best interests in mind.
Trusts can be a mystery to many people, often with a notion that they promise unlimited benefits for estate planning and asset protection purposes.
In Series 2, Episode 1 of the #TVLawyer Podcast, Melinda Giles speaks to fellow Giles Wilson Partner and Private Client specialist Caroline Woodham about the changes to Inheritance Tax law after the Autumn Budget 2024 was announced in November.
With Powers of Attorney you are giving power to someone to make decisions about everything about you if you don’t want to or can’t make those decisions yourself.
The expertise of our solicitors is regularly recognised by some of the profession’s most distinguished organisations. As well as being a member of a number of Law Society schemes, we have won awards at the Law Society Excellence Awards, the Halsbury Legal Awards and the Modern Law Awards.
We have also received recognition in the form of the Lexcel mark of quality, a Legal 500 listing and a place on the shortlist of The Lawyer’s Boutique Firm of the Year.
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We hope that you do not have cause to complain about us but we do take any complaints very seriously and urge you to speak to a partner initially and if you are not satisfied then to follow our Complaints Procedure.
When to report a solicitor to the SRA
If you have complained to your solicitor about breaching the SRA Code of Conduct and are not satisfied with their response, you can report them to the SRA. Examples of a breach include:
When to contact the Legal Ombudsman
If you have complained to your solicitor about poor service and you are not satisfied with their response, you can contact the Legal Ombudsman who deal with poor service, such as:
