Executor Disputes

The Executor(s) named within the will are the persons responsible for administering the deceased’s estate.

An Executor(s) is under a duty to collect and get in the personal estate of the deceased and administer it according to the law and, when required by the court, to exhibit on oath in court a full inventory and account of the estate. An executor should exercise such care and skill as is reasonable in the circumstances when carrying out their duties.

However, disputes can arise due to the conduct of the Executor(s),such as:

1. Failing to take steps to administer the estate
2. Conflict between the executors in relation to the administration
3. Failure to follows the terms of the will
4. Maladminstation and the misuse of estate assets
5. Misappropriate of estate funds
6. Failure in settling estate liabilities
7. Causing a loss to the estate by:
   – Failing to convert assets within a reasonable time period.
   – Failing to protect estate assets.
   – Delay or failure in pursuing a claim on behalf of the estate.
   – Selling estate assets at an undervalue

Depending on the circumstances and facts of the claim, the Executor(s) may become personally liable or face an application to have them removed from their role.