Disagreements with executors can be unfortunate but sometimes unavoidable. We understand that these situations are both difficult and sensitive. Our expert solicitors will provide you with clear and efficient advice to support you.
Executors have a duty to determine the size of the estate, collect in the assets and pay any liabilities. They should then distribute the estate in accordance with the will, or rules of intestacy if there is no will.
Disputes can arise if a beneficiary believe that an executor:
- Has not administered the estate correctly
- Selling a property or assets at an undervalue
- Selling a property or assets that one of the beneficiaries want
- Unnecessarily delaying dealing with the estate
- Not providing the beneficiaries with sufficient information
- Distributing the estate to the wrong people
Sometimes these matters can be resolved quite easily through correspondence. However, if an executor is acting dishonestly or in breach of their duties, it may be necessary to take further action. This can include removing them as or pursuing a claim against them for losses they have caused to the estate.
Circumstances in which an executor may be removed includes:
- A conflict between the interests of the executor and their own interests
- They do not get on with the administration
- There has been a breakdown of trust and confidence between them and the beneficiaries, which is affecting the administration of the estate
Sometimes the executor will agree to be replaced, but if not, the court may need to make the decision about whether or not the executor should be removed.
In terms of costs, the general rule is that the loser pays the winner’s costs.
Therefore, if the court decides to remove the executor, they would generally be ordered to pay your costs. Usually, they can recover their costs from the estate, but where they have found to unreasonably refuse to step down, they are unlikely to be able to recover their costs. Executors should therefore carefully consider whether to defend a claim to remove them.
Contact Lisa Cox
If you are a beneficiary of an estate and have concerns about how an executor is dealing with an estate, please contact our contested probate team who will advise you on the best course of action.
