A recent case in the High Court has provided insight into the opinion of the court in relation to professional executors who refuse to renounce their executorship.

The case led to the law firm, WAG Davidson and Co., being refused permission to make further appeal against an unfavourable first-instance ruling and being ordered to pay £25,000 in legal fees.

The probate dispute background

The deceased’s estate was valued at around £832,000 and was to be divided between her daughter and her grandson. In the Will, WAG Davidson was named as executor. The firm’s relationship with the deceased had consisted of executing the Will and nothing else, and the estimated bill for the probate work was £10,000.

The daughter, having considered the probate process, felt that the work was straightforward enough for her to administer the estate herself and she requested that WAG Davidson stand down as executor. The law firm refused.

A lengthy court battle ensued in which the firm accused the plaintiff of fraud, despite her seeking an independent valuation on the estate to ensure validity of the probate process. WAG Davidson also made false allegations about the daughter’s relationship with the deceased.

The outcome

In Master Kaye’s judgement following the final appeal hearing, he said it was his opinion that WAG Davidson should not have adopted the position of refusing to renounce their executorship and that the firm had continued to cling to office when it was obvious that the position should have been surrendered. 

The court proceedings relating to the executor dispute took seven months to complete and it is now more than two years since the plaintiff’s mother passed away.

In the current volatile property market, one wonders whether the value of the property will have depreciated significantly and whether further litigation may be forthcoming in respect of any losses caused by the law firm’s unsuccessful attempts to cling on to their executorship role, thus resulting in avoidable delays to the house sale.

Conclusion

A law firm is not legally obliged to renounce their executorship but if it refuses to do so, the firm must show full consideration of the situation and prove genuine reasons for their appointment and necessity to act. 

The case acts as a reminder for law firms that being appointed as professional executor in a Will, does not guarantee the position and as reassurance to family members and beneficiaries that they are not obliged to use the named professional executor.

However, it is useful to note that this case almost certainly hung on the simplicity of the estate. The court’s opinion may have been different if it could have been proved that it was appropriate for the law firm to act.

If you feel there is a problem with how an executor is handling an estate to which you have an interest, contact Oratto so that we can match you with a probate dispute solicitor who can assist you.