The executors of an estate and the beneficiaries under it do not always see eye to eye, and there have been many instances where beneficiaries have sought the removal of an executor.
If the actions of the executor are such that the estate will be improperly administered or excessively delayed, it is possible to seek the approval of the court to remove and replace them, normally with an independent professional.
However, mere personal antipathy towards the executor is not sufficient ground to have them replaced.
In a rather unusual recent case, four siblings who were jointly administering their late sister’s estate found themselves at loggerheads and eventually three of them went to court to have the executorship turned over to an independent solicitor.
Five years had passed and the distribution of the estate – which was not complex – was nowhere near a conclusion. As the estate administration had effectively reached an impasse, the High Court granted the request.
If you are a beneficiary under a will and the executor is acting improperly or unreasonably failing to progress the administration of the estate, contact us for advice today.
