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/?