Executor Disputes and Removal

Solicitors for Executor and Administrator Disputes in Wisbech and March

When someone dies, the person responsible for administering their estate, whether an executor named in a Will or an administrator appointed where there is no valid Will, has a legal duty to act with reasonable care and in the best interests of the beneficiaries. Most of the time, this process runs smoothly, and the administrator fulfils their obligations correctly. Sometimes, however, concerns arise about the way an executor or administrator is carrying out their role.

There are various reasons beneficiaries raise concerns, ranging from delays and poor communication to more serious issues, such as mismanagement of assets or conflicts of interest.

Where there is a complete breakdown of trust between an executor and the beneficiaries, and if these issues cannot be resolved informally, it may be necessary to consider removing or replacing the executor.

At Bowsers Solicitors, our experienced contentious probate team advises beneficiaries who have concerns about an executor’s conduct and executors who are facing allegations against them.

We understand how distressing these disputes can be, particularly so soon after the loss of a loved one, and our team is here to guide you through your options.

How Our Executor Dispute Solicitors Can Help

Disputes involving executors often arise at an already difficult time and can quickly become a significant source of stress for everyone involved. Our contentious probate solicitors provide clear, honest advice from the outset, so you understand exactly where you stand and what your options are.

Our experienced executor disputes team can represent clients on both sides of these disputes. Whether you are a beneficiary who has lost confidence in the person administering the estate, or an executor who feels your conduct has been unfairly called into question. We can give you a realistic assessment of your case before recommending any course of action.

When Can an Executor Be Removed?

To remove an executor or administrator (also known as a personal representative), you will need to prove clear and compelling reasons for doing so. Simply disagreeing with decisions being made, or disagreeing with how an estate has been distributed, is unlikely to be enough on its own. Grounds that may justify an application to remove a personal representative include:

• The executor has become disqualified from acting, for example, through bankruptcy or loss of mental capacity.
• The executor is incapable of carrying out their duties properly.
• The executor has acted dishonestly or in breach of their duties.
• There has been such a serious breakdown in relations between the executor and beneficiaries that the administration of the estate cannot proceed properly.

 We can advise you on whether your circumstances are likely to meet the threshold for removal, and on the steps involved in bringing or defending such an application.

What Can Beneficiaries Do If They Suspect Estate Mismanagement?

If you are a beneficiary and you are concerned that an executor or administrator is not handling the estate properly, there are several steps that may be available to you. Depending on the seriousness of the issue, these can include requesting formal estate accounts, raising concerns directly with the executor, applying to the court for the executor to be removed, or, in more serious cases, bringing a claim against the executor personally for losses caused to the estate.

We always recommend seeking legal advice before taking formal action. An early conversation with our contentious probate team can help you understand whether your concerns are well founded and what the most appropriate next step would be.