Recorded Webinar: When Executors Cause Problems – Trouble and Strife in the Testamentary World

Executors who misbehave or are in dispute with beneficiaries are a major headache. Understanding what practitioners should do in either situation is the subject of this session and includes:

• The obligation of an executor to act with care and skill
• General obligations and their observance:
  • no self dealing
  • ‘even hand’ principle
  • keeping and passing accounts
• Executors and conflicts of interest
• Executor mistakes and how to avoid them:
  • failing to comply with legal notices
  • not following terms of the will
  • not meeting tax obligations
• When can an executor have personal liability for their actions?
  • misappropriation
  • taxes
  • problems in distribution
• The executor makes a family provision claim – what happens next?
• The action to hold to account – when should this be used?
• The action to remove an executor – when should this be used?