Removal of Executors, Administrators or Trustees
The removal of an Executor, Administrator or Trustee may occur when it is deemed they are acting in manner that does not benefit the estate of the deceased.
When making a will, the individual is required to name someone as the executor. The role of the executor is to settle any bills of the estate and then to divide the rest in accordance with the directions within the will.
In the event that someone dies without having made a will, then the person who deals with the estate is called an Administrator. The term Personal Representative is used to describe the executor or administrator of estate within legal proceedings.
A Trustee is often appointed where someone who is due to inherit under the will is a child (under 18) or lacks in capacity. The Trustee ensures that the inheritance is protected until such time when the individual benefitting is able to accept it themselves.
A Personal Representative can be held personally liable for losses that the estate has incurred. Losses could be incurred either by the Personal Representative deliberately going against the terms of the will or by them handling assets in a manner which does not benefit the estate.
There are times when disputes can arise between the Personal Representatives and/or Trustees and the beneficiaries under the will. If you believe that the Personal Representative or Trustee is acting to the detriment of the estate or beneficiary, then we can assist you in applying to have an alternative person or firm of solicitors put in that person’s place.
It’s a big responsibility to be a Personal Representative or a Trustee, so if you are unsure about what is required of you, Giles Wilson can provide any clarification or assistance you may need.