An executor (or administrator) is key to the probate process.
They are responsible for administering the estate of the deceased
and distributing to beneficiaries. It is thankfully rare for there
to be contentious disputes between the executor and beneficiaries.
However, the Royal Court has recently explored the removal of an
executor in the decision of Lakeman v Lakeman [2023] JRC
187.
In Lakeman, one brother sought removal of the other as executor
on the grounds he unreasonably delayed administering the estate,
was incapable, in poor health and was hostile towards the
beneficiaries.
The Court found the executor failed to open an estate account,
despite various agencies attempting to assist him. He also failed
to comply with various Court orders. It was found that he was not
independent and, in view of the hostility displayed to the
beneficiaries, was unlikely to be able to comply with his fiduciary
duties.
