CAN I CHALLENGE THE EXECUTOR OF A WILL?
Yes, it is possible to challenge the executor of a will in certain circumstances. An executor is responsible for administering the deceased person’s estate and ensuring that the terms of the will are carried out. If you believe that the executor is not fulfilling their duties or is acting improperly, you may be able to challenge their appointment or seek their removal as executor. Grounds for challenging an executor may include: Lack of capacity: If the executor lacks the mental or legal capacity to carry out their duties as executor, they may be removed. Conflict of interest: If the executor has a conflict of interest, such as a personal interest in the estate or a conflict with one of the beneficiaries, they may be removed. Misconduct or breach of duty: If the executor is not fulfilling their duties properly, such as failing to distribute the assets according to the terms of the will or misappropriating estate assets, they may be removed. To challenge the appointment of an executor or seek their removal, you will need to file an application with the court. It’s important to seek legal advice from a specialist will dispute lawyer who can advise you on the process for challenging an executor and the potential outcomes of doing so. It’s also important to note that challenging an executor can be a complex and costly process, and it may be more appropriate to attempt to resolve any issues with the executor through negotiation or mediation, where possible.