Sometimes, relationships between executors or between executors and beneficiaries of a will or intestacy may break down, due to friction of personalities or a lack of trust between the individuals. A lack of understanding of the powers and duties of executors may be the reason in some cases and when this begins to hinder or affect the administration of the estate, you may have no choice but to obtain legal advice under executor disputes.

How are executor disputes resolved?

The solution very much depends on the problem but in all cases, there is always an encouragement to settle matters without the need to involve the court. We understand that there may however come a time where negotiation between parties does not move the matter forward and there is no other option but to seek the court’s intervention to settle the dispute.

If an executor has acted wrongly and breached his or her duties in administering the estate, it is possible to ask the court to remove the executor. If the administration of the estate is still ongoing, this may result in the court appointing a new executor in that person’s place to finish the administration and ensure the beneficiaries receive their inheritance. The executor removed may be penalised by the court for his or her breaches, particularly if it has resulted in any unnecessary loss to the beneficiaries.

What if I do not like the person who is appointed as executor?

Advice should always be sought at an early stage where a dispute between the parties arises, to establish whether or not anything can be done to resolve the situation. The duties of an executor are to identify the estate, satisfy all liabilities and/or taxes due from it and distribute the proceeds to the beneficiaries under the will or intestacy. A breach of these duties must be serious in order to warrant his or her removal as executor and it is not simply enough to say that a co-executor or beneficiary does not get along with the person in order for them to apply to have them removed from their role.

“If an executor has acted wrongly and breached his or her duties in administering the estate, it is possible to ask the court to remove the executor.”

Reasons for applying to remove an executor may include:-

• Financial misconduct
• Unreasonable delay of the administration
• Failing to secure the estate assets
• Unsuitability for the position – he or she loses mental capacity during the administration

The executor must have breached his or her duty or be acting in such a way that it causes serious concern for the security of the assets in the estate and the way in which the estate is being administered. The court will not take lightly a decision to remove an executor and if a claim is brought without a great deal of evidence to prove the executor’s wrongdoings, the claimant may find that he or she is personally liable for his or her own legal costs and for the defending executor’s legal costs as well.

If you are experiencing executor disputes and think an executor is acting improperly in administering an estate, whether you are a co-executor or a beneficiary, contact us to discuss what you can do next.