I Don’t Trust My Father’s Executor!
I don’t trust the Executor of my father’s Will. Am I able to make my feelings known and ask for someone else?
An Executor named in a person’s Will has many duties to perform on the death of that person. These include arranging the funeral, making payment of debts, collecting the assets of the deceased and distributing those assets to the beneficiaries named in the Will.
It is not uncommon for disputes, disagreements and conflicts to arise between an Executor and the beneficiaries named in a Will. Usually these conflicts relate to a delay in finalising the Estate, which delays the beneficiaries receiving their inheritance or a belief by the beneficiaries that the Executor is acting fraudulently with the assets of the deceased.
The Court takes the duties performed by Executors of an Estate extremely seriously and regards the Executor as owing the same duty to the beneficiaries of the Estate, as the duty owed by a lawyer to their clients. Any breach of these duties will mean that the Court has the ability to remove the Executor from administering the Estate.
To remove an Executor, you need to have evidence that they are not acting in accordance with their duty to administer the Estate. This could be evidence that the administration of the Estate has been delayed, or is being handled inefficiently, or evidence that the Executor has acted with serious impropriety with the assets of the Estate. Once you have this evidence, you are able to make an application to the Court for the Executor to be removed.
The Court will consider all the evidence before it when deciding whether to remove the Executor, so it is important that you receive expert legal advice on the type of evidence that is going to assist you in removing your father’s Executor. This evidence needs to be based on, what duties the Executor has breached in their administration of your father’s Estate.
If you believe that the the Executor named in your father’s Will needs to be removed, then you need to act quickly to protect your inheritance. You need to speak to the expert Sydney Probate Lawyer on gathering the appropriate evidence to support your application to have your father’s Executor removed.
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