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Disputes With Or Between Executors

Unfortunately disputes can arise either between executors dealing with the estate or between executors and beneficiaries regarding the manner in which an executor is dealing with the administration of an estate.

It is always better to attempt to resolve such issues informally without the need to involve the Court.

Very often solicitors can assist in resolving these issues as often the disputes arise by reason of a lack of understanding on behalf of executors who are attempting to administer estates in person.

If however the disputes cannot be informally resolved the Court have jurisdiction to intervene and resolve the disputes.

Executors who are in dispute can apply to the Court for directions regarding how the administration should proceed.  The Court have a power to revoke a grant in favour of one executor and to issue a grant in favour of another.  The Court can appoint an entirely independent third party executor if it considers it appropriate.  If an executor is refusing to take out a grant the Court can require him to do so and in the alternative if an executor is holding a Will and preventing another executor from applying for the grant the Court can order that executor to deliver up the Will to the willing executor.

If a beneficiary is not satisfied with the manner in which an executor is dealing with an estate the Court can, in extreme cases, cause an executor to be replaced or in other cases can direct that the executor should proceed with the administration and provide a full inventory of the assets of the estate and full accounts regarding the administration of the estate.

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