Executor or trustee disputes
Executors and trustees are commonly referred to as Personal Representatives (PR's).
Where there is friction between PR's or a beneficiary and PR, either party may make an application to court to substitute/remove a PR and/or appoint a judicial trustee.
The PR may not have acted in the best interests of the estate, failed to provide information or acted negligently. Other situations where people may find themselves at odds with a PR include:
-
Disputes about the appropriateness of a particular investment or other administrative act.
-
Cases where a PR has a personal interest such as being a beneficiary under the will or intestacy or being a director or shareholder of a company in which the state is interested.
-
Misuse of power by PR under a power of attorney, where a PR is partisan eg a friend or adviser to one of the principal beneficiaries.
-
If a PR is dishonest.
-
Where a PR is unreasonable.
Questionnaire - Executor / Trustee Disputes
Please note that fields marked (*) are required.
