Can you be an executor in a contested estate?

If you are an executor or a co-executor in the Will of a family member or friend, you could be thrown into the hot seat if a claim is made against the estate or there is a dispute concerning the validity of the Will itself.

Who are the parties to a contested will?

The most common parties to a claim are: The applicant – the person bringing the claim; The executor – the person defending or responding to the claim on behalf of the estate; The beneficiaries – anyone entitled under the terms of the Will. What role does the Executor play in defending a claim against the estate? The executor plays a pivotal role.

Can an executor defend a family provision claim?

Perhaps the most common claim that executors will have to defend is a claim for Family Provision. Family Provision claims exist across all of the jurisdictions in Australia, and allow the Courts to vary a will or the distribution of an estate in favour of certain eligible individuals.

How can I challenge an executor of a will?

When contesting an executor, you must present compelling evidence in probate court in front of a judge. A lawyer can help you prepare or collect and present the evidence on your behalf. Once an executor is challenged, they are given time to prepare a rebuttal to your claim.

What are the specific duties of the executor?

marriage certificate)
File the papers with the probate court (In New Jersey it is called the Surrogate Court)
Determine if there was any life insurance and if so file the appropriate claim forms (you may also need a statement from the doctors)

Can an executor be sued?

Yes, as an executor you can be sued. As an executor you are liable to any beneficiaries who do not benefit from the Will as a result of your mistakes, any creditors who are not repaid as a result of your mistakes (unless the estate is insolvent), fines or interest charged to the estate by HM Revenue & Customs,…

Who can sue an estate?

Beneficiaries and other interested parties – anyone who has a personal financial stake in the estate – can file a lawsuit against an executor for wrongdoing if it results in a financial loss. You can sue if you think you can prove misconduct, or ask the court to order an accounting to you.

When probating a will is necessary?

Probate is required if there are significant assets to be distributed or creditors to be paid outside of what is legally stated in the will or if there is no will at all. If any of these five reasons apply to you or your situation, you can expect that probate is required and you’ll have to appear in probate court.