Executor and Trustee Disputes

When making a Will or creating a Trust, it is common for more than one executor or trustee to be appointed. All appointed executors and trustees then have a duty to act in the best interests of the estate or trust. It is important that a good relationship is maintained between the executors or trustees themselves but also between the executors or trustees and the beneficiaries. 

What Are Executor or Trustee Disputes?

The process of administering an estate can take time and often involves a lot of complexities. As a result, executor disputes can occur during the process, when parties become unhappy with the way the executors are dealing with the estate.  

Trustee disputes can arise in similar circumstances, when the trustees disagree or the beneficiaries of the trust are not happy with the way the trust is being handled.

Resolving Executor Disputes and Trustee Disputes

Disputes between executors can lengthen the process of administering an estate or cause delays to how a trust is handled by the trustees and the disputes usually require resolution before the estate or trust can be distributed.

Beneficiaries may be concerned about the capabilities of an executor/trustee and their conduct. In the first instance, concerned beneficiaries can contact an executor/trustee to discuss their concerns and, if appropriate, request sight of the estate or trust accounts. This may resolve the concerns of a beneficiary, but in some instances, this can highlight an executor’s/trustee’s incompetence or misconduct.

In such cases, it may be appropriate to ultimately replace or remove an executor or trustee. However, serious misconduct has to occur for an executor or trustee to be removed by the court.. For example, not keeping accounting records or acting in their personal interests rather than the interest of the estate or trust and its beneficiaries.

How Berwins Solicitors Can Help

At Berwins, our Contentious Probate solicitors can help you to resolve an executor or trustee dispute and inform you of the options and rights available to you. Our solicitors can offer support, whether in the form of general advice or mediation, to help find a resolution that suits your particular case. 

Our Life Team is is highly experienced in this area and will happily guide you through this process. Please give her a call on 01423 543102 to discuss your family’s needs.