I am dealing with the estate of a convicted criminal who died in prison shortly after he had started his sentence. I have been looking for ways to protect the Executors from any civil claims being brought against the estate by the deceased’s victims. I am aware that the Executors can only be sued in their capacity as PRs, not personally, and that they will only be liable to the extent of the assets in the estate.
My initial thoughts are that the Court’s guidance under CPR 64 could be sought once the Executors are in a position to wind up the estate. This may result in the Executors being asked to keep a contingency fund pending expiry of the limitation periods, which would protect the Executors in case the contingency turns out to be insufficient. An indemnity from the residuary beneficiary (a charity) could also help.
Are members aware of any other steps the Executors could take before they make distributions from the estate?