Successful removal of un co-operative executor

Ben Wilson, a Partner in JMW’s Will Disputes team, recently acted for a successful claimant in an application to remove an executor and replace him with a professional. Ben also achieved an order that the executor pay our client’s costs.

Our client was a beneficiary of her father’s Estate and her brother was appointed as an executor. The brother lived in the Deceased’s property and refused to either sell the property or purchase our client’s share. After initial correspondence, the executor still would not co-operate and so court proceedings were issued in the High Court and the matter went to a final hearing. The judge quickly ruled in our favour and ordered the Executor be removed and replaced with an independent professional. The court also ordered the Executor to pay our client’s costs and interest on those costs.

The new executor is now in place and taking steps to finally administer the Estate.