Posted: Friday, 15 September 2023 @ 14:51
A
s many readers will know some of my firm's work involves the removal of executor cases.
Removal of executor cases can be demanding as it is such a big step, but even if it successful (which should be a good outcome), it is not the end of the matter.
Because irrespective of who the executor is what we have is a third party who now has control of the Deceased's assets and is responsible for making the final distribution.
And the very fact that a removal of executor application has been successful means that in all likelihood the Estate has some complexity and the potential for ongoing conflict and/or issues with the other beneficiaries and/or the new Executor him/herself.
In this scenario of the successful Executor removal the successful beneficiary who has removed the Executor will be grateful for the new input but may encounter the following issues:
1 Concern over a professional charging fees.
2 A feeling that the new executor is dealing with the Estate in too slow a way.
3 A view over a failure to investigate wrongdoing by other parties.
4 A belief that there is a failure to match the level of service which has been given by the lawyer who did the removal of executor application.
The reality here is that the beneficiary has to temper some of his or her frustration and recognise that a complex legal action has been successful and the new regime has been installed and should be respected.
However if there is some wrongdoing by the new executor which justifies some form of complaint there are generally more nuanced but still powerful strategies which can be applied. The goal should never be to remove the replacement executor but to influence the new executor to take a more positive course. Here the benefit of using an experienced lawyer shows up.