Applications to remove or substitute Executors

Resolving Disputes in Estate Administration

Disagreements between co-personal representatives or between personal representatives and beneficiaries can significantly delay the estate administration process. Resolving these issues swiftly and effectively is crucial to ensure a smooth distribution of assets.

Duties of Personal Representatives

Personal representatives have a duty to always act in the best interests of the estate.  Whilst acting in this capacity their actions must be neutral, and they are expected to complete the estate administration process and distribute the assets to the beneficiaries within a reasonable timeframe. If the personal representatives are not acting appropriately, then the beneficiaries may choose to take legal action. 

Common Complaints Against Executors

Beneficiaries may raise concerns about:

  • The estate administration is taking too long;
    • The personal representative(s) have sold estate assets at an undervalue;
      • The personal representative(s)  has personally benefited from the estate;
        • The personal representative(s)  is not communicating with the beneficiaries;
          • The personal representative(s)  is not neutral and is favouring one beneficiary over another; 
            • The personal representative(s) is not adhering to the terms of the Will. 

              • If more than one personal representative has been appointed in a Will, conflicts can arise between them as to how the estate administration should be dealt with. 

              Conflicts Between Executors

              Whether a Grant has been obtained or not, steps can be taken to remove or substitute personal representatives, but this should be a last resort.  The parties should, in the first instance, explore other appropriate alternatives and try to reach a resolution between themselves without the need for removal.  However, if an agreement cannot be reached, then Court action will be necessary.    

              Need Legal Advice? Get in Touch Today

              If you are a professional executor, lay executor, or beneficiary facing concerns or legal claims, our expert team is here to help. We provide specialist advice and guidance to resolve disputes effectively.

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