The executor of a will has an important role. They are tasked with addressing matters relating to the estate upon the testator’s death.
The duties of an executor are fiduciary in nature. This means that they must always act in the best interests of the estate and not out of self-interest. Most executors take this role seriously, and they uphold their fiduciary duties. Nonetheless, there are occasions when this is not the case.
What are some examples of poor executor conduct?
1. Misusing assets
A testator will typically provide instructions on how the executor should deal with assets such as real estate. For example, they may pass a house on to a beneficiary in the will. The executor must uphold such wishes. They breach their duties if not.
For instance, if an executor takes ownership of the property, but allows the beneficiary to stay there, this is still a breach of duty as it does not follow the precise instructions of the will.
2. Biased conduct
An executor is also expected not to show favoritism. They should treat beneficiaries in an even-handed manner. If an executor fails to follow the instructions in a will by favoring one beneficiary over the other, then this is a breach of their duties.
3. Failing to administer appropriately
The assets from an estate must be administered appropriately. For example, not only should assets be passed on to beneficiaries, but creditors and taxes must also be paid. It falls on the executor to meet these obligations and ensure that all financial obligations from the estate are covered.
If you believe that an executor has acted inappropriately, then it may be possible to have them removed. Seeking legal guidance on the matter will provide you with more relevant information.
