Posted: Friday, 24 April 2020 @ 14:11
Historically when clients have come to me and their first words have been to me 'I want to remove an executor," I have always been cautious as it is a high stakes game and normally you need a high burden of proof.
Well Covid-19 is making some changes in our world and what it is doing is forcing some changes in our approach to suing executors.
There are now some pretty good reasons to being more aggressive in litigation and also being pretty smart. Thus removal of executor is now on the agenda for these reasons:
1 Removal of Executor Will Be in The Chancery Division Court and unlike many other Courts the Chancery Division is still pretty efficient. I am finding the service of the Court very good and exactly the same as prior to lockdown. Other Courts may be less so efficient.
2 Frontloading Of the Case Is A Good Tactical Step - The nature of a removal of executor involves putting your cards on the table. In this day and age I am not in favour of getting sucked into correspondence, mediation with other parties unless they will work - I think we are looking for prompt remedies and a case like this can provide this.
3 Other Remedies May be Limited - One legal step can involve forcing a sale of property but with the property market effectively grinding to a halt this option has less appeal.
4 You Hit the Solution - Removal of Executor does give you control of the estate.