Website Cookie Policy

We use cookies to give you the best possible online experience. If you continue, we’ll assume you are happy for your web browser to receive all cookies from our website.
See our cookie policy for more information.

Practice Areas

More Information

Leeds: 0113 244 6100

Sheffield: 0114 267 5588


Send us an enquiry

Choosing the Right Executors

30 July 2014

Figures released by the High Court this week show that claims against executors for mishandling deceased's estates have tripled over the last year.

These court claims are made by beneficiaries of a deceased's estate.  For example, executors fraudulently distribute assets (contrary to the provision to the Will) or even steal from the estate themselves.  

This highlights the need to carefully consider who you appoint as an executor of your estate under your Will.  

It has been suggested in the legal press that this rise is due to the increase in the use of acquaintances or family members as "DIY" executors and trustees, rather than instructing solicitors to act in this role. However, it is not always necessary to appoint a professional executor or trustee.  

Katherine Wainman, a wills and tax specialist at Wrigleys comments "If you have any concerns regarding a particular friend or family member's ability to handle money and/or paperwork, or where you envisage arguments may arise, either from the terms of the Will or from difficult family relationships, it will usually be advisable to appoint a professional to act either alone or alongside other "lay" executors as an independent check on the administration of the estate or trust.

Many professional trustees, such as Wrigleys, would only charge for this role on a time spent basis, rather than as a percentage of the value of the estate.  Therefore, for a simple estate, the fees may be relatively small.  

However, should failure to appoint a professional lead to an estate being administered badly (either through ignorance or fraud) seeking redress via the Court could be very costly.


If you would like to discuss any aspect of this article further, please contact Katherine Wainman or Oliver Hallam on 0113 244 6100.

The information in this article is necessarily of a general nature. Specific advice should be sought for specific situations. If you have any queries or need any legal advice please feel free to contact Wrigleys Solicitors 



17 May 2021

Community housing leases to be exempt from new rules on ground rents

Draft bill excludes community housing leases from new rules prohibiting the charging of financial ground rents on new, long residential leases .

14 May 2021

The myth of the “Common Law marriage”

Our Private Client team solicitor, Elizabeth Pearson considers the law surrounding the provision for cohabitees on death.

13 May 2021

HMRC v Quentin Skinner 2005 Settlement – Entrepreneurs’ relief and trusts

When will the disposal of shares by trustees qualify for Entrepreneurs’ Relief?