It is important for executors to comply with their obligations at all times. An executor must apply for a grant of Probate and attend to the administration of the Estate without unnecessary delay. The executor should ensure that the beneficiaries are kept up to date with the progress of the administration of the Estate to avoid disputes or any misunderstandings.

If more than one executor has been appointed, it is generally simpler for one person to take the responsibility of performing certain required tasks. This will minimise any disagreements between the executors and avoid any doubling up of work.

It may be a good idea for the executor, or executors, to appoint an independent solicitor to act on their behalf. This should minimise disputes and will prevent the executor from being held personally liable if a dispute does arise.

Where a dispute does arise, it is beneficial for all parties involved to try to resolve the dispute as soon as possible. This can be done either with the assistance of solicitors or through mediation.

In some cases, where there are multiple executors, and differences arise between them, each executor may employ a separate lawyer to act for each of them.

An application to court can be a costly and time consuming process and it should really only be considered as a last resort.

If disputes arise, get independent legal advice from an expert lawyer. Click here for more information.

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The beneficiaries may disagree on the division of the assets in the estate. For example, several beneficiaries may all want a particular Estate asset in circumstances were the Will simply states that the Estate  is to be shared equally between the beneficiaries, without making any specific bequests.

These disputes may create significant difficulties for the executor in administering the Estate. The executor may feel ‘in the middle’ or pressured into taking a particular course of action. The executor should be ensure that he / she always acts reasonably and be cautious of  accepting too readily the demands of unreasonable beneficiaries at the expense of the others.

Mediation may be a cost effective way to resolve these types of disputes.  However, where informal agreements cannot be reached, the dispute may need to be resolved by a court.

CWPL recognises that disputes about family wealth and estates can be emotional and unpleasant for all involved. CWPL can help in resolving disputes and minimising conflict from the outset. Click here for more information.

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An executor may be forced by a court order to accept or refuse their role as executor or apply for Probate. This process may be helpful where the executor is simply not taking any steps to apply for Probate and will operate to essentially hurry them along. If the executor fails to apply for Probate within the time appointed in the court order, then the next person entitled to be executor is able to make the application for Probate.

If issues arise after Probate has been granted, an application can be made to court, as outlined above, to challenge the validity of a Will or to remove an executor.

These applications are usually complex and care must be taken. You should obtain the advice of a solicitor before taking any steps.

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If more than one person is appointed executor, there is a chance that disputes may arise amongst them which could cause disruption to the administration of the Estate.

If the executors cannot resolve their differences and the administration of the Estate is being affected by their dispute, the beneficiaries or the deceased’s next of kin can take the action outlined above, to try to have the executors, or one of the executors, removed or substituted.

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A beneficiary may be able to take action against the executor and have him / her removed from his / her position if the executor is not carrying out their duties or conducting themselves properly.

If you are the beneficiary or next of kin of the deceased and are unhappy with the conduct of the executor, you should firstly write to the executor asking for him / her to provide you with an account of the Estate. You will be able to see from this account where the Estate money has been distributed and how far the executor has progressed in the administration of the Estate.

If you are not satisfied with the response from the executor, or if the executor does not respond to you at all, you may be able to apply to the court for an order that the executor be removed from their role. You will need a solicitor to help you with this.

This is not a straightforward application to make. You will generally need to show that there has been serious misconduct on the part of the executor. Simply not liking or not getting along with the executor is not a sufficient reason to have the executor removed.

Generally, courts will only remove or substitute an executor if one of the following is proved:

a) The executor has been convicted of a crime and imprisoned since their appointment in the Will;
b) Due to a physical or mental disability, whether temporary or permanent, the executor is no longer capable of performing their duties. The disability must be preventing the executor from carrying out their duties; or
c) Due to a conflict of interest or serious misconduct, the executor is unsuitable for the role.

Examples of serious misconduct are stealing from the Estate, failing to keep accounting records, failing to comply with a court order, or wasting Estate monies or mismanaging the estate. Misconduct is not often easy to prove and may not always result in the removal of the executor.

An executor may also be removed if it would be in the interests for the proper administration of the Estate and for the welfare of the beneficiaries, eg: where relations and communications have broken down between the executor and beneficiaries to such an extent that it is no longer possible for the executor to administer the Estate properly.

An executor may be held personally liable if any loss loss results from a breach of their duty to administer the Estate properly and in accordance with the Will of the deceased.

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