Role of an executor
The role of an executor is similar to that of a trustee and often an executor and trustee will be the same person acting in both roles.
Executors are responsible for collecting in the estate’s assets, paying any liabilities, paying the relevant taxes, distributing estate assets in accordance with the will or intestacy rules and keeping accounts of the assets and liabilities. This is not an exhaustive list, so it is down to the executor to take a considered and logical approach to administering the estate.
Navigating executor disputes
Whether you are a trustee or an executor faced with particular challenges or a beneficiary who has reason to question how a trust or an estate is being administered, our Contested Probate team can offer specialist advice and support.
If a dispute arises, the court is not quick to remove an executor. The protection of the welfare of the beneficiaries and the quality of the estate administration are extremely important. It is not enough to simply disagree with the executor about the way they are administering the estate. In cases where an executor has not fulfilled their obligations (for example, if they are being dishonest, acting improperly in some way or failing to administer the estate properly) there could be grounds for their removal.
Alastair Goggins, a Partner and Head of the Dispute Resolution Team, has prepared a webinar on Making Applications to Remove Executors, which you can find here. Please note that the webinar is behind a paywall accessed via MBL Seminars.
For more information on how we can help you, please contact us.
