Successful removal of troublesome executors

11 September 2023

Mr and Mrs D, who live in Wolverhampton, instructed Joseph Martin, an associate solicitor in our contentious probate team, to help them resolve a will dispute with their siblings in relation to the administration of their father’s estate. The executors of the estate were our clients’ siblings.

The main issues in dispute were:

  • Delay – The executors had failed to take any steps to obtain the grant, despite nearly 3 years having passed since their father died.
  • Occupation rent – The executors remained living in the deceased’s property without the permission of the beneficiaries and without accounting to the estate for rent.
  • Poor communication – the executors would regularly fail to communicate with the beneficiaries, and when they did, they would be dismissive and misleading in the steps that they had taken.

Joseph sent a letter of claim to the executors, placing them on notice of the intention to seek their removal as executors with the hope that sensible dialogue could be agreed to resolve the dispute amicably. Regrettably, the executors failed to engage in negotiations, necessitating court involvement.

Joseph issued a claim at Court and, at the first directions hearing, the application was approved by the court. The Judge agreed with Joseph’s arguments that the conduct of the executors fell short of that expected and agreed to remove the executors from their position, and appoint our clients instead. The Judge also ordered that the costs incurred by our clients should be paid by the executors.

Following the successful outcome at Court, our clients have been able to obtain the grant in their father’s estate and finally conclude the administration of his estate.

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