Executor Removal Claims - Costs, Liability & Recent Case Law

Introduction

Disputes over the removal of an executor can raise difficult questions about both the administration of the estate and the costs of resolving the dispute.

Where concerns arise about an executor’s conduct, suitability or handling of the estate, parties need to consider not only whether removal is appropriate, but also the potentially significant costs consequences of bringing or defending proceedings.

Although an executor will generally be entitled to an indemnity from the estate for costs properly incurred in carrying out their duties, the court has a broad discretion to depart from this general rule. The conduct of the parties and the circumstances surrounding the dispute can therefore have a significant impact on who ultimately bears the costs.

Issues such as breaches of duty, conflicts of interest, unreasonable conduct, failures to act in the best interests of the estate and delays in administration may all be relevant when the court determines costs.

This new virtual classroom seminar will provide practical guidance on the costs implications of executor removal claims, helping you assess the risks before proceedings are commenced and understand the circumstances in which an executor or other party may become personally liable for costs.

What You Will Learn

This live and interactive session will cover the following:

• The court’s discretion when determining costs in executor removal claims
• When an executor’s costs may properly be paid from the estate
• The circumstances in which an executor or other party may face personal liability for costs
• When the court may make a partial or limited award of costs
• Recent case law and the factors courts have considered when determining complex costs issues in executor disputes

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.