What's happening?
Disputes involving executors can arise for a range of reasons, including concerns about unreasonable delay, mismanagement of estate assets, a perceived conflict of interest, or disagreement between co-executors about how the estate should be administered. Beneficiaries generally have avenues to raise concerns, and in some cases seek the removal of an executor, if there is a genuine basis to do so.
What could it mean for me?
- Beneficiaries can request information from an executor about the administration of the estate
- Serious or ongoing mismanagement may support an application to the Supreme Court for removal of an executor
- Disputes between co-executors can cause significant delay if not resolved
- Executors who breach their duties can be held personally liable in some circumstances
What are my options?
- Request information or an accounting from the executor before taking further action
- Attempt to resolve concerns directly or through negotiation
- Apply to the Supreme Court for directions or removal of an executor if concerns are serious
- Seek advice as an executor if you are facing a dispute with a co-executor or beneficiary
What happens next?
- We discuss your concerns and the background to the dispute
- We advise on the options available, from informal resolution to Court intervention
- We correspond with the executor or other parties as appropriate
- We represent you in Supreme Court proceedings if required
How can MGE Lawyers help?
We advise beneficiaries with concerns about how an estate is being administered, and executors facing disputes with co-executors or beneficiaries, aiming for a practical resolution wherever possible.