Legal Definitions - ne unques executor

Ne unques executor is a legal defense used in a lawsuit where a person is accused of acting as, or being responsible as, an executor of a deceased person's estate. This plea asserts that the person making the defense has never been, and is not, an executor of that particular estate, and therefore should not be held liable or involved in the capacity alleged.

Here are some examples to illustrate this concept:

• Example 1: Mistaken Identity by a Creditor

  A bank sues Ms. Eleanor Vance, believing she is the executor of her deceased brother's estate, to recover an outstanding business loan. Ms. Vance, however, was never appointed executor; her nephew, Mr. David Chen, was officially named in the will and has been handling the estate's affairs. When served with the lawsuit, Ms. Vance would use the ne unques executor plea.

  This plea would inform the court that she is not, and never has been, the executor of her brother's estate, thereby denying the legal basis for the bank's claim against her in that specific capacity. She would argue that the lawsuit should be directed at the actual executor, Mr. Chen.

• Example 2: Disputed Will and Unofficial Involvement

  Following the death of a wealthy art collector, a distant relative files a claim against the estate, alleging that Mr. Robert Sterling, a close family friend, mismanaged some of the deceased's assets prior to the official probate process. The relative's lawsuit names Mr. Sterling as an "unofficial executor." Mr. Sterling had indeed helped the family secure some valuable artworks immediately after the death, but he was never formally appointed executor; the will designated a professional trust company for that role.

  Mr. Sterling would employ the ne unques executor plea to assert that while he provided assistance, he never held the legal position of executor for the estate. This challenges the claimant's premise for holding him liable as an executor, clarifying that his actions were not performed in that official capacity.

• Example 3: Confusion Over Roles in a Family Estate

  After their mother's passing, two siblings, Maria and Carlos, both help with the initial tasks of settling her affairs. Maria handles the funeral arrangements and pays a few utility bills from a joint account she shared with her mother. Carlos, however, is the one officially named as the executor in the will. A disgruntled beneficiary later sues Maria, alleging she improperly distributed estate funds as an executor.

  Maria would use the ne unques executor plea to state that despite her helpful actions, she was never legally appointed or acted as the executor of her mother's estate. Her assistance was as a family member, not in an official legal capacity, and therefore she cannot be held liable for actions attributed to an executor.