Understanding executor duties
The executor or administrator is responsible for administering the estate of the deceased. They must collect and protect estate assets, pay debts and distribute the estate in accordance with the will or the intestacy laws. Sometimes disputes arise about how an executor carries out these duties, including allegations of delay, mismanagement, or conflict of interest.
Common executor and probate disputes
- Delay or inaction. Beneficiaries can apply to remove an executor who is not progressing the administration of the estate.
- Breach of duty. Executors must act in the best interests of all beneficiaries. Self‑dealing or favouring one beneficiary over another can be grounds for removal.
- Interpretation of the will. Disagreements may arise over the meaning of clauses or distribution of specific gifts.
- Disputes between co‑executors. When more than one executor is appointed, conflicts can lead to stalemate and litigation.
Resolving disputes
Most executor disputes can be resolved through negotiation or mediation. Our lawyers will:
- Advise executors on their duties and obligations.
- Represent beneficiaries seeking accountability and fair treatment.
- Apply to the Supreme Court for removal or replacement of an executor if necessary.
Helping you protect your inheritance
Whether you are an executor facing accusations of mismanagement or a beneficiary concerned about how an estate is being administered, we can help. We offer a free initial consultation to assess your situation and provide straightforward advice.