The executor of an estate has several key responsibilities, from paying off a deceased person's debts to managing their estate, selling their property and distributing gifts to beneficiaries. A professional executor who fulfils their duties properly can make the grieving process much easier for the family and friends of the person who has died. However, when a named executor fails or refuses to handle their role properly, this can create turmoil and strain on the beneficiaries of the estate.
Thankfully, there are steps you can take to have an appointed executor removed from their role and replaced by someone more competent. This is only possible in certain circumstances, but it can make a significant difference to your experience in the wake of a loved one's death. As a beneficiary, you shouldn't take a problematic executor lightly. They can do significant and lasting damage by failing to follow the terms of a will, or making poor financial decisions when it comes to managing the deceased's assets, unless you take action.
At Switalskis, we know how difficult these situations can be, especially if the executor the deceased appointed is also a relative or a close friend. Family disputes can arise unless these circumstances are managed properly. Our experienced solicitors can advise you on resolving executor challenges amicably. Where this is not possible, we can also help you pursue legal action to have them removed.
The experts at Switalskis know how complicated estate management can be, and especially when an appointed executor fails to perform their role properly. For beneficiaries, this can lead to confusion, uncertainty and an extended period of grief while you wait for the executor to uphold their responsibilities. In some cases, the named executor may have a mental or physical disability that makes it impossible for them to act.
In all of these cases, it may be possible to substitute executors through an application to the court, but every circumstance is different. At Switalskis, we tailor our legal advice to your specific needs. We'll start with a discussion of your situation to find out what you want to achieve, whether a grant of probate has been issued, and whether your concerns with an executor can be resolved informally. Then, we'll offer our professional opinion and, if you decide to move forward with legal action, we'll stand by your side throughout.
Thanks to our experience, we know what to expect from court proceedings regarding removing an executor or choosing a replacement executor. We also recognise the emotional difficulties that can arise from these conflicts, and especially the types of family disputes that can emerge if the process isn't handled carefully. We'll offer a legal perspective that's underpinned by empathy for your situation, and help you to navigate the process and move towards the best possible outcome.
An executor of a will has a legal responsibility to manage the estate of the deceased in accordance with the terms of their will and the law. The executor's duties include a range of administrative, financial and legal tasks, with the ultimate aim of settling the estate's debts and distributing assets to the beneficiaries named in the will.
The main responsibilities of an executor are to:
These duties have potential legal consequences for executors who agree to undertake this role. Executors can be held personally liable for mistakes in estate administration, or if they fail to act in the best interests of beneficiaries.
The process of removing an executor is different depending on whether or not they have received a grant of probate. If not, the process can be as simple as discussing the matter informally with the named executor and encouraging them to stand aside.
If a beneficiary or other interested party has concerns about the executor proceeding with probate, they can enter a caveat at the Probate Registry. This prevents probate from being granted and gives more time for disputes to be resolved. This approach is more often used if there are concerns about the legitimacy, validity or authenticity of the will itself.
A court application is also the only way to remove an executor after they have received a grant of probate, after which they are legally responsible for the estate administration process. In these cases, you must usually rely on specific grounds to challenge an executor's authority and present strong evidence. Grounds for an executor's removal include that they have:
The court will consider whether removing the executor is in the best interests of the estate and its beneficiaries. You can rely on evidence like witness statements, financial documents relating to the estate or copies of the original will to prove that an executor has not fulfilled their role properly. The court may then issue a court order for the executor's removal.
If you are successful and the executor is removed, the court would normally decide who should be appointed as a replacement executor. Beneficiaries or interested parties can apply to the court to appoint a new executor or administrator, or to take on the responsibility themselves. Alternatively, the court may appoint a beneficiary or a professional administrator, such as a solicitor, at its discretion.
The removed executor must hand over all estate documents, bank details and financial records. If you can prove that they engaged in misconduct, they may be required to compensate the estate for losses and to pay for any legal costs associated with their removal. Alternatively, if no misconduct is proven, the applicant will usually bear these expenses.
Got questions or ready to get going? Just give us a ring on 0800 1380 458 or drop us a line through the website.
September is World Alzheimer’s Month, with World Alzheimer’s Day falling on Sunday 21st. It’s a time to raise awareness of Alzheimer’s disease and its profound impact, not just on individuals, but on families, communities, and the legal decisions that follow.
Every year, Suicide Prevention Day serves as an important reminder of the mental health challenges many face. It’s a day to raise awareness, encourage support, and highlight resources for those who may be struggling. But what happens when someone is suffering in silence, and their struggles end in tragedy? How does this intersect with contentious probate and intestacy? These legal issues may not seem directly linked to mental health at first, but they are deeply connected.
A lasting power of attorney (LPA) is a legal document that allows a person, known as the donor, to appoint one or more people (attorneys) to make decisions on their behalf if they lose the mental capacity to do so themselves. There are two types of LPA, one dealing with property and financial affairs and the other with health and welfare. Attorneys must always act in the donor’s best interests and within the scope of the powers granted to them.
If an individual loses the capacity to make their own decisions, someone else may need to step in to manage their affairs. Two of the most common roles in these situations are a deputy and an attorney. While they can have similar responsibilities, the way they are appointed and the powers they have are different.
The estate administration process can be tough, especially during a time of grief. When an executor refuses to behave according to the expected standards, mismanages estate assets or fails to move the process along appropriately, it can make matters significantly worse. At Switalskis, we're committed to simplifying the legal process, so you can take action to remove an executor without making this situation any more difficult for yourself. We act based on the following core values:
The estate administration process can be tough, especially during a time of grief. When an executor refuses to behave according to the expected standards, mismanages estate assets or fails to move the process along appropriately, it can make matters significantly worse. At Switalskis, we're committed to simplifying the legal process, so you can take action to remove an executor without making this situation any more difficult for yourself. We act based on the following core values:
We know that the period after someone dies is always going to be emotional and challenging, especially if you're a loved one, beneficiary or executor of the deceased's estate. We'll take on the bulk of the legal responsibility for your case and take care of the paperwork, so you've got more time to focus on your family and the other things that matter.
Our experienced contentious probate solicitors have a wealth of experience in managing disputes, including between executors of an estate, or between an executor and beneficiaries. We can help you to navigate the court process and understand the potential outcomes based on your decisions, which can help you to move forward with confidence. We'll also remain committed to securing the best possible outcome for you.
A will is a legal document and its instructions must be followed to the letter. As a beneficiary, you also have the right to a full account of the deceased person's estate and the decisions an executor has made. Switalskis will work tirelessly to make sure all of these requirements are met and support you to take action against an executor who is not handling their duties correctly.
Don't suffer through an executor failing to honour the deceased's wishes or handling their responsibilities incompetently, as it can be much harder to put things right later on. Speak to the team at Switalskis about how you can take action today, and get the process started.
Give us a call on 0800 1380 458 or send us a message through our website to get things moving.
