Claims against the Estate

As executor you may have to deal with claimants who want to challenge the will or claim against the estate. Unhappy beneficiaries or family members may wish to challenge the will by claiming that it was void for some reason, such as

forgery;
lack of mental capacity of the deceased when they signed the will;
undue influence;
the deceased made their will when they were under a delusion; or
there was pressure on the deceased when they were making the will, etc.

Unhappy beneficiaries or family members may also claim that they should have been left something or that they should have been given a greater gift from the will. In these circumstances you, as executor, must obtain legal advice and not make any comment to the claimants until you get that legal advice.

Sometimes the executors may wish to challenge the will themselves and make a claim against the estate. If this situation arises you should inform your solicitor immediately in order to avoid ending up in a conflict of interests and becoming personally liable for damages.