what happens when estate lawyer does not follow the will correctly

by Mr. Bertha VonRueden 4 min read

There are two basic remedies to deal with an executor who is not following the will: Require the Executor to Act: Beneficiaries can petition the court to require the executor to take, or refrain from, a specific action.Jun 26, 2019

What happens if an executor fails to act?

If the executor does not comply, the court may appoint a new executor or agree to a new executor that the beneficiaries or heirs propose.

What happens if you don't follow the will?

An executor or administrator could violate the terms of a will by doing something without court permission, in which case they could be held personally responsible for returning the funds that were compromised as a result of the violation.

Can an executor be ignored?

Executors can and are excluded. Even Wills written by solicitors can be ignored; Solicitors, and Will writing agents know this, but they still continue selling this drafting service which is not fit for its purpose.

Can an executor withhold money from a beneficiary?

Executors can withhold monies from beneficiaries, though not arbitrarily. Beneficiaries may be unable or unwilling to receive a gift by a will. The executor's job is onerous and the time taken to execute a will may vary greatly.