Removal of Executor, Administrator or Trustee

Beneficiaries have legal rights and there are avenues available if they are not happy with the way an executor, administrator or trustee is handling an estate. 

Executors, administrators and trustees have a very big responsibility and important obligations they must fulfil. Executors, administrators and trustees must act in the best interests of the beneficiaries of the estate, maximise the estate and be prudent, even-handed and trustworthy. It is also their obligation to faithfully follow the Will or intestacy formula and legislative provisions. These obligations include a responsibility to wind up the estate as soon as possible, to keep legal costs as low as possible, and much more. 

You may be able to seek the removal of an executor, administrator or trustee for things including (but not limited to): 

• Delay or neglect in their role as executor, administrator or trustee (including considerable delay in estate administration); 

• Failure of adequate communication with beneficiaries (this can include a failure to keep beneficiaries updated, or a failure to respond to beneficiaries about reasonable requests for information); 

• Conflict of interest;

• Dispute between co-executors.

Hartwell Legal has successfully assisted clients to have executors, administrators and trustees removed in the past, to allow for a swifter or fairer estate administration. 

We are able to represent an aggrieved beneficiary against the estate or an executor, administrator or trustee that is defending such a claim.

See also Deceased Estate Disputes.