Executor and Trustee Disputes

When someone dies, the people appointed to deal with their estate carry significant responsibility. Executors and trustees must act in the best interests of the estate and its beneficiaries. When disagreements arise, or concerns are raised about how an estate or trust is being managed, it can quickly become stressful and complex. We help resolve executor and trustee disputes with clear, practical advice. Whether you’re a beneficiary worried about how an estate is being handled, or an executor facing allegations about your conduct, we’ll guide you through your options.

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Executor and Trustee Disputes
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Removal of executors and trustees

If an executor or trustee fails to carry out their duties, delays the administration or causes loss to the estate, removal may be necessary. We guide you through every step, from pre action correspondence to court proceedings. If you are facing removal, we can help you decide how to respond.

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Mediation

Court is not always the right answer. Where appropriate, mediation can offer a faster and more cost effective way to resolve disputes. We’ll assess whether mediation is suitable and support you through the process to help achieve a practical and workable outcome.

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Court applications during estate administration

Disputes can arise when executors or trustees disagree over an asset or when beneficiaries challenge decisions. In these situations, a court application may be required. We prepare and manage the process from start to finish, representing you at every stage and keeping you informed throughout.

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Questions we're often asked

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Who can apply to remove an executor or trustee?

A fellow executor or trustee can apply. A beneficiary of the estate or trust can also make an application.

How likely is the removal of an executor or trustee?

Every case depends on its own facts. The court will always focus on what is in the best interests of the estate or trust. Removal is usually a last resort. However, the Court does not always need to find wrongdoing if removal is necessary to protect the estate.

Can a beneficiary be appointed as a replacement executor or trustee?

If an executor or trustee is removed, the court will consider what is in the best interests of the estate or trust overall, taking into account the assets and the beneficiaries. Any proposed replacement will be considered in this context and objectively. It is not uncommon that the court may look to appoint a neutral professional executor, particularly where there has been ill feeling between executors and beneficiaries or there is a risk to assets.

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Paula Moses
Paula
Moses
Legal Director
Danielle Swainston
Danielle
Swainston
Associate Solicitor

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