What to do when you cannot agree who should act as Executor

7 September, 2012
by: Cripps Pemberton Greenish

A common problem that I am asked to advise upon is when an agreement cannot be reached as to who should act as Executor or Administrator of an Estate.

This can occur where more than one Executor is named within the Will and they cannot work together or where the Will is silent as to who should be Executor or there is an intestacy and a number of people are eligible to apply for letters of administration.

In these cases, where an agreement cannot be reached, it is possible to refer the matter to the Court under section 116 of the Supreme Court Act 1981.

This gives the Court power, where it is necessary or expedient, to appoint as Administrator someone other than the person entitled.

This approach is a practical and cost effective means of resolving the deadlock.

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