It is not uncommon for beneficiaries taking under a Will, or for people who take under the

intestacy rules, to be unhappy with the progress of the finalisation of the estate, and the way

things are handled. All beneficiaries have a right to request information from the executors

as to how the estate is being administered, and to insist upon it being done within a

reasonable time. An application can be made to the Court in the event that the executor is not

handing it properly, and orders made by the Court for the executor to comply with. The

orders may be to finalise the administration, produce accounts, sell property, or it may be

possible to have the executor removed in some cases.

If the executors make a mistake, then an action may be commenced, claiming negligence, and

damages from the executors.

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Comment:

The Courts are most reluctant to replace executors, unless there has been wrongdoing, or it is

almost certain to occur. Beneficiaries should avoid making applications to the Court unless

the executor has clearly delayed or done the wrong thing, as otherwise the beneficiaries may

end up with a cost order against them for the costs of the hearing.

00683.6/CQ/MCD/201653731/AU/C/XXX/4/4/16/NON/AP/?