Executor Disputes

What, if any, steps you can take will depend upon why you are unhappy or concerned about the executor’s actions or inaction. If the executors have done something which you disagree with, it may just be a matter of allowing them time to put it right. However, if the action taken is serious such that the executor should not continue in their role, you can consider bringing a claim to have them removed from their role.

There are many reasons why the court would agree to the removal of an executor. This could be because the executor is failing to deal with an estate administration, mismanaging the estate administration or misappropriating funds. Each case is different and will be decided on its individual facts. Something which was sufficient for a removal application in one case may not be considered sufficient in another.

It depends on the circumstances – for example, a removal application is unlikely to be successful if only one beneficiary and an executor have fallen out. However, the situation maybe different where there has been a complete breakdown of relations between the majority or all of the beneficiaries and the executor, which makes the continued estate administration work difficult or impossible to complete. Itis important early on for both parties to ascertain what the beneficiaries’ position is.

You should seek legal advice if you are unhappy with an executor’s actions. This will ensure that the appropriate action is identified and taken at the earliest possible opportunity. It is normally appropriate for initial correspondence to be sent to the executor setting out the problem and giving them the option of rectifying it before issuing any claim.

If correspondence with the executor does not resolve matters and you remain unhappy with their actions, the next step is likely to involve the issuing of court proceedings seeking the executor’s removal.

At Myerson, we offer a range of funding options, including paying privately and deferred fee agreements (where we agree to defer or delay our invoice until you are in receipt of funds). We will assess your case at the outset and advise on which form of funding is appropriate for you. We will also monitor your case on an ongoing basis in case a different form of funding later becomes applicable.

If successful following court proceedings, the general rule is that you can recover your costs from the other side. However, the court does have discretion as to costs, and so could make a different costs order. If you do obtain a costs order in your favour, we would initially look to recover these costs from the executor personally before looking to the estate.

There is no entitlement to your costs from the other side if you resolved the matter prior to the issuing of court proceedings. Whether you recover these costs or not will come down to what you can negotiate with the other side.

Yes, but generally only where there is an imminent risk of the estate being distributed contrary to the terms of the Will. An example of this is where an executor is about to complete on an estate property sale, and you have evidence of their intentions to keep the funds themselves or distribute them to a third party contrary to the Will.

Injunctions are relatively rare and can be costly. It is very important to take legal advice as soon as possible if you have concerns of this nature.