Understanding The Implications Of A Court Order

[wessexmario]

I am not a lawyer so would like a bit of help understanding a draft Consent Order for the replacement of an Executor, which contains the following:


----------------
that upon the making of this Order

(a) the [First] Defendant shall be released and discharged from all actions
proceedings accounts claims and demands for or in respect of the
estate of the Deceased or any part thereof or the income thereof or any
part thereof and its liabilities including but without prejudice to the
generality of the foregoing all sums owing to the [Second Defendant]
and Her Majesty’s Revenue and Customs or in respect of any act
matter or thing done permitted suffered omitted or neglected by the
[First] Defendant in or about the administration of the estate of the
Deceased

(b) the Claimant and [Second Defendant] and each of them and the
personal representatives of each of them will at all times keep the
[First] Defendant and his personal representatives effectually
indemnified against all actions proceedings accounts claims and
demands for or in respect of the estate of the Deceased or any part
thereof or the income or any part thereof for or in respect of any such
act matter or thing done permitted suffered omitted or neglected as
above mentioned or for or in respect of any other thing in any way
relating to the said estate and its administration and against all
damages costs losses and expenses whatsoever incidental to or
consequential upon any such action proceeding claim account or
demand
----------------

Claimant is the proposed new Executor,
First Defendant is the Executor being replaced,
Second Defendant is an existing Executor (remaining as Executor)
----------------


The proceedings are non-contentious, all the beneficiaries have requested his replacement and the Executor has agreed to be replaced.

But... there is the possibility that the future Executors (all lay) will in the future want to bring proceedings against the Executor being replaced (a solicitor) on grounds of excessive costs and mal-practice.

Does the wording of the draft preclude such action, and if it does, how should it be changed to allow it?
(without giving too much away to the Executor solicitor that a future action may be pending!)
Many thanks in advance for any help.

[Dogsbody2]

Perhaps best to start with an Answerbank Wealth Warning for all of our readers: Warning - solicitors can seriously damage your wealth, especially for beneficiaries stuck with a deceased's Will that names one as an Executor.

(thinks: Memo to self - must check my Will to see I haven't made the same mistake).

In terms of your question, the whole of section (b) is specifically worded to prevent future claims by the Claimant or the Second Defendant against the First Defendant (the solicitor).

That'll be another £100 off the beneficiaries inheritance - 30 minutes to have the office lackey draft the Consent Order plus time for the solicitor to check the wording.

[Peter Pedant]

agree about the wealth wafning

agree dogz - you have to decide whether arresting the haemorrhage of greater and growing solicitor's fees outweighs just cutting your losses

I think it may do. Yeah agre dogz again - check will to make sure this doesnt happen in my estate !

You have been screwed by the 2013 trustee act which allows solicitors to charge for stuff we lay people can't...