What to Do When the Executor Not Doing Job
When someone is appointed as an executor and takes out a grant of probate, they step into an important legal role: the legal personal representative of the estate. With that role comes a fiduciary duty, which is essentially: a legal obligation to act honestly, carefully, and always in the best interests of the estate and its beneficiaries. In plain language: an executor must put the estate first; not their own interests.
But sometimes, things don’t go as smoothly as planned. So, what happens when an executor isn’t fulfilling their obligations?
What an Executor Should Do
At its core, an executor’s role is to manage the estate. Key duties include:
- Collecting and protecting the estate assets.
- Paying debts and taxes.
- Distributing the estate according to the Will.
- Acting impartially.
- Keeping proper records.
When Things Go Wrong
Unfortunately, disputes can arise when executors fail in their duties. Common issues include:
- Delay or inaction.
Example: taking too long to distribute an estate. - Conflict of interest.
Example: favouring one beneficiary over others. - Failure to account.
Example: refusing to provide information or estate accounts. - Misappropriation.
Example: using estate funds for personal benefit. - Poor communication.
Example: there is a breakdown in communication with beneficiaries.
What to Do if an Executor Isn’t Acting Properly
If you suspect an executor isn’t fulfilling their duties, there are steps you can take:
- Address it directly. Try to communicate your concerns with the executor.
- Seek legal advice. A solicitor can help you understand your options and represent your interests.
- Apply to the Supreme Court; if necessary. (Please note: you should always obtain legal advice first. Court proceedings may involve significant legal costs, and in some cases you personally could be responsible for these costs if the Court does not decide in your favour)
The Court can:- Give directions on how the estate should be administered, or
- Remove the executor and appoint someone independent.
The Court’s aim is to protect the estate; not to punish anyone.
If you’re dealing with an estate issue or are concerned about an executor’s conduct; our team can help guide you through the process and protect your interests.