Executors of wills face lawsuits

The number of executors being sued in the High Court for breaches of fiduciary duty has surged by 21% over the past year, with 87 cases reported in 2023, up from 72 in 2022, according to TWM Solicitors. These cases typically involve executors failing to act in the best interests of the beneficiaries, such as distributing assets against the will's terms, neglecting estate management, or favoring certain beneficiaries over others.

While the rise in High Court cases is significant, TWM notes that many disputes are settled before reaching the court, suggesting that the actual number of fiduciary duty breaches may be higher. This trend highlights the importance of choosing a trustworthy executor and ensuring that multiple executors can work well together if appointed. Disputes among executors are a common cause of legal action.

Caroline Foulger, Partner and Head of Private Client at TWM Solicitors, stresses that selecting the right executor is crucial to avoid costly disputes. Professional advice is recommended, especially if the estate is large or complex. In such cases, appointing a solicitor as the executor can help ensure that the deceased's wishes are followed properly.