Recorded Webinar: When Executors Fall Out and Other Executor Conundrums

The appointment of joint executors is not unusual. Nor is the potential for things to go wrong. This session looks at what can happen when joint executors fall out and the type of orders a court can make. It includes:

• Duties of joint executors and how they should be exercised
• Key issues to consider when deciding on joint executors:
  • Is an executor a surviving spouse?
  • Who are the beneficiaries?
  • Executors interests conflicting with beneficiaries interests
  • Complexity of estate
  • Likelihood of will being challenged
  • History of co-executors
• Executor’s obligation to explore solutions to any dispute
• Problems with settlements involving executors:
  • What do you protect?
  • What if beneficiary does not consent
  • Risks in settling
  • Mediation
• Powers of a court - removal and the appointment of an administrator
• Costs orders that can be made against warring executors
• Rights to commission where there are disputes
• Risk management to deal with executor deadlock