Posted: Friday, 4 January 2019 @ 13:43
Currently I am doing some consultancy with a well known organisation in addition to my traditional firm activities. Often I am finding myself aadvising either beneficiaries and/or executors who have problems with an executor. Typically the relationship has broken down and the desire is to remove the executor.
Easy peasy, or not. Not is the answer though it is not insurmountable and it requires some great skill.
Overall except when there has been actual wrong doing or fraud, the judge will be reluctant to remove an executor.
Just because someone is slow, inefficient, possibly negligent does not automatically lead to removing an executor.
What are your options? Should you give up?
In the first instance you should try to engage with the Executor and apply as much personal influence as possible to get what you want. An overt threat rarely fits the bill.
Legally, the judge will only remove the executor if it is the proper interests of the administration of the estate. My legal tip is to set out in open correspondence a detailed account of what has gone wrong yo date and what needs to be done.
And that is a skill.....
Only then should you as executor consider court action which is a risky business.
Good luck.....