Senior Associate Solicitor Claire Brierley was able to have the executors of a Will removed.

JMW’s client was one of three siblings appointed as executor to administer her late mother’s estate. The estate consisted mainly of a property and was to be distributed between the Deceased’s seven children.  Unfortunately, there was a breakdown in the relationship between our client and her two co-executors/sisters. The intention initially was for the two executors to purchase the Deceased’s property to keep it in the family.  

After three years, our client decided it was in the best interests of the estate and all of its beneficiaries for the property to go on the market. This was not agreed between the executors and despite numerous attempts to resolve the issue, the matter resulted in our client making an application for an order to remove her two sisters as executors or alternatively an order to remove all three executors in favour of an independent administrator being appointed.

How JMW helped?

After highly contentious proceedings and various conduct issues, at a final hearing the judge agreed it was appropriate for all executors to step down in favour of an independent administrator. The conduct issues mentioned related to the Defendants’ solicitor’s failure to respond to an early settlement offer and to engage in reasonable and appropriate correspondence from our client. The Defendants’ solicitors adopted a combative and aggressive tone in much of their correspondence and it was noted by the judge that such correspondence was not intended to progress matters. This is an important point to note as, due to the conduct issues, we were able to successfully secure the recovery of 75% of our client’s costs to be paid personally by the co-executors due to their conduct and failure to engage in the process sensibly and in accordance with their duties. Our client was also awarded a further 25% of indemnity costs from the estate.

The outcome

JMW’s client said:

“I do thank you for accepting this most particularly contentious case and steering me in the right direction at all times.”

Claire Brierley said:

“This case is an example of how important it is to have the right solicitor for your case – whilst the process can be frustrating, the cost award in this case is evidence that the court will penalise parties that do not engage in the process or refuse to resolve matters capable of being resolved.”