Integrity. Experience. Perseverance.

What if someone challenges you as executor?

On Behalf of | Jan 10, 2024 | ESTATE ADMINISTRATION

If you are an executor of a will, you voluntarily give up a considerable amount of your time to carry out the deceased’s wishes. While you can claim limited expenses, it is generally the sort of role you agree to out of the goodness of your heart rather than for any reward.

Thus, it can be frustrating if you discover that someone intends to launch a legal challenge against you. Not only will it make your job more complicated, but it will take up even more of your time. What should you do if this occurs?

First, validate if they can actually do so

The law limits who can file a contest against an executor, just as it limits who can file a challenge against a will itself. As a result, getting legal help to ascertain if the person has the correct legal standing to do so is the first thing you should do.

Try not to take it personally

It’s going to be hard not to take someone questioning your integrity personally, but remember, they are probably affected by strong emotions right now. Not only are they grieving the deceased, but the assets at stake may have muddied their thinking.

It is up to the other party to prove their claims against you. If you have acted with integrity and have done everything you should, the court will probably just dismiss their claim. You may, however, want to seek legal help to more effectively protect your good name and fend off anything you see as a malicious or superfluous challenge so that you can fulfill the role as the deceased would have wished.