This is a real-life case summary of a dispute between executors of a will
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Contentious trusts and probate solicitor, Anya Hoyland, has recently assisted in resolving a dispute between co-executors of a will.
Anya’s client was appointed as an executor of her mother’s estate alongside her brother. Despite initially obtaining a Grant of Probate in joint names, our client was unable to progress the administration of the estate due to her brother’s failure to engage. In particular, she was unable to take unilateral action to obtain vacant possession of the estate property.
After attempting to resolve matters informally, we were instructed to deal with the co-executors dispute. After consulting with our client we issued court proceedings for an Order that her co-executor be compelled to engage in administering the estate or, in the alternative, to be removed from office.
Matters were dealt with at a remote disposal hearing when it was ordered by the judge that the co-executor should engage with our client in administering the estate. This included serving a Notice to Quit on the tenant of the property, and seeking vacant possession. Further directions were made that the co-executors work together to finalise estate accounts. The judge confirmed that the court proceedings could be reinstated to consider the co-executor’s removal from office if he did not cooperate.
Importantly, the court ordered that our client’s brother should pay the entirety of our client’s legal costs. In turn, the co-executor was prevented from recovering his own legal costs from the estate.
This case demonstrates the importance of executors obtaining specialist legal advice in respect of their duties and obligations, to avoid a costly dispute arising. Non-compliance and inaction by an executor can make it necessary for court proceedings to be commenced, and as in this case summary, it can have serious personal costs consequences for the uncooperative executor.
Published elsewhere on this website are a number of articles about executor disputes which you may find helpful:
- How can I remove an executor?
- What does it cost to remove an executor?
- Are there alternatives to removing an executor?
- Can executors be sued?
- Can executor’s charges be disputed?