At Ramsdens, we have the expertise to advise and represent you on claims regarding the removal of executors and trustees. Our team of specialists are on hand to guide you through this complex area of law.
Executors are individuals who are appointed under the terms of a will to administer and distribute the testator’s estate after his/her death. In some cases, beneficiaries under a will do not inherit immediately, for instance because they are under the age of 18 years or they are a vulnerable adult. In those cases, the will usually appoints a person known as a trustee, to manage the legacy for that beneficiary until they reach the required age.
It is common for the same person to be appointed as executor and trustee under a will and a will can appoint up to four executors to act jointly.
There are also trusts which are created during a person’s lifetime, which are sometimes referred to as lifetime settlements. This involves a person taking control of a person’s assets for the benefit of another.
The responsibilities of executors and trustees may include:
- Collecting the estate or trust assets
- Investing the assets to achieve an income
- Deciding whether to make payments to discretionary beneficiaries
- Realising assets, such as selling estate properties
- Paying debts owed by the trust or estate
- Distributing the trust or estate assets to beneficiaries
Some of these responsibilities will be exercised with a degree of discretion, while others will be dictated by the terms of the will or trust. The nature of these responsibilities mean that there can often be dissatisfaction with the actions taken. This could be in the form of friction and disagreement with their approach, or an outright claim that they have breached their duties.
The court has ultimate jurisdiction over trusts and estates and can decide to remove or replace executors or trustees who are not adequately fulfilling their role.
If you are a beneficiary of a trust or estate and are concerned or frustrated with the actions of an executor or trustee, you should obtain professional advice as to whether it may be possible to seek their removal under s50 Administration of Justice Act or s116 of the Senior Courts Act.
If you are an executor or trustee who is facing calls to stand down, we also recommend that you seek specialist advice. We can assure that your position is defended and protect you against the risk of being ordered to pay legal costs.
