Can u sue for libel for being accused of allegedly doing something illegal as executor of an estate?
My husband, as executor of his recently deceased best friend's estate, is being accused by a brother of his friend of deliberately not informing him of his brother's passing & refusing to share the contents of the will with this brother. But his best friend had left specific details of who he wanted to be notified etc and this brother was not on the list although another brother was. The excluded brother is now sending emails & letters saying that my husband is doing something illegal & he put a claim on the estate & is insisting on seeing the will and going through the personal effects etc. There is not much in the estate to pay for court costs etc so what can we do?
Answers:
Defamation is defined in the defamation Act ( am referring to UK law but US will be similar I assume). Before an action in defamation would have any chance of success you would first of all need to ascertain the exact words used. Not all words. although they may be offensive to a person, are actionable. An imputation of a person in any calling, trade or profession is actionable but to call someone "ugly" or a "*****" is not.
If the excluded brother is sending emails stating that your husband is doing "something illegal" as in the sense of theft, fraud or other misconduct as an executor or a will this would probably suffice.
From what you state this is more a question of slander than one of libel although the email communications would suffice as libel as they are in written form.
First of all you need to ascertain if the words are actionable. Secondly, you need evidence to pursue the matter. Thirdly, and this is the biggest problem with libel actions, you need huge amounts of money to take the case to court. Some libel actions can cost £250,000 plus. If you do win at court how would you recover your costs against the deceased's brother?
As a libel action seems at the moment like your only course of action would it be worth all the trouble and financial outlay? Consider things carefully.
NB: This has been written from the point of view of UK law.
'Libel' means in writing. 'Slander' means verbally.
Keep records of all emails, and seek help from a solicitor not involved with the estate.
The law usually requires notice to all heirs at law and takers under the will. The will must be presented for probate, where it is a public record and anyone can read it. The testator (deceased) cannot request that the executor violate the law. The brother is right, and if your husband had consulted a lawyer, he would know this. If he had hired a lawyer to handle the estate, he would have done it right, instead of dumb.
Truth is a defense to any libel or slander action, and those intentional torts are a lot more complicated than you think, so talk to someone who knows: a lawyer.
You, in this case, can sue for nothing, at this point.
Depending on the state the brother who has been left out can and should ask questions.
Since your husband is an unrelated party here he should have consulted a Lawyer right away so as to protect himself from just such accusations.
If there is nothing to hide then stop worrying. If there is nothing to hide send him a copy of the will or tell him that he can go get a copy from the court house where your husband filed it upon the death of his friend.
the executor has a responsibility to carry out the wishes of the deceased regardless of the brothers wishes - - speak to citizens advice bureau
Yes of course you can. If the brother is maligning your husband, take him to court.(Or at least get a solicitor to threaten so to do).
The brother is not entitled to know anything about his late relative's affairs except by examining the probate, whereupon he will discover that he is not named in the will.
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