Frequently Asked Questions
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What are the duties of an executor?
The duties are defined by legislation and include the following:
- Making funeral arrangements.
- Preparing a complete list and valuation of all the testator's assets and liabilities.
- Protecting all the assets of the Estate against theft, fire, loss and any other destruction.
- Advertising for creditors of the Estate.
- Paying all outstanding debts including funeral expenses, estate administration expenses and taxes, before distributing the Estate to the beneficiaries.
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What can be done if the executor is not fulfilling their duties?
Beneficiaries have many options available if an executor is not carrying out their responsibilities. The appropriate route to take can depend on what the executor has done (or has not done).
We have had experience in dealing with a wide variety of complaints against executors including executors not communicating, executors not taking any action to administer the estate, keeping estate assets (or moving into a property owned by the estate), executors acting against the interests of beneficiaries and executors failing to progress the administration in a prompt manner.
Many disputes can be resolved by removing the executor from their role and replacing them with a more suitable person. In other cases, the executor can be compelled to provide information to the beneficiaries of the estate which often has the effect of encouraging them to finalise and distribute an estate.
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How can I remove an executor?
The Court has a discretionary power to terminate the appointment of an executor or appoint a substitute, but it will not remove the executor lightly. Evidence is required to show why the executor is unsuitable to continue in the role, which our Contentious Probate team can advise upon and help to gather.