Many times, when there is a question whether a trustee or executor has performed their duties for the estate adequately, it can give rise to disputes.
A testator or their estate may be the subject of a complaint if the trustee or executor was not chosen wisely, or if the trustee fails to carry out the terms of the trust correctly or acts in an unfair or partial manner.
In quite a few circumstances, an executor or trustee may not possess the knowledge and skills needed to make the correct decisions in carrying out the terms of the testamentary document. Sometimes, they may even put their interest first and act to the detriment of the estate.
It is advisable to consult with skilled and professional Estate Lawyers at Nanda & Associate Lawyers, to help understand your options if you are concerned about any appointed executor or trustees.
Roles & Obligations of Trustee/Executor
An executor has many primary duties including but not limited to:
- Gathering or selling of all estate assets;
- Paying all the estate debts;
- Distributing the estate to the beneficiaries as per the terms of the deceased’s will;
- Performing all duties and obligations as per the terms of the will
In addition to the duties, an executor has many other obligations to fulfill including but not limited to:
- Always acting in the estate’s best interest;
- Fair dealing with all the named beneficiaries;
- Maintain the requisite records and accounts of the estate;
- Perform a passing of accounts as needed
If trustees or executors do not perform their obligations and duties, certain steps can be taken which include but are not limited to:
- Challenge the management of a trustee;
- Challenge accounting of the trust;
- Make a request for trustee’s replacement or removal
Consulting an experienced and skilled Estate Lawyers will be helpful in receiving the appropriate guidance which can assist in reaching favorable outcomes.
Replacement & Removal of Executors/ Trustees
A testator appoints an executor or trustee for their estate who then carries out the specific duties mentioned in the will and performs estate administration and distribution. Since being appointed as an executor or trustee is a vital function, they have a number of predetermined responsibilities and duties to be carried out.
If any trustee or executor appears to be incapable or unwilling to act in the rightful manner, a family member or friend of the incapable individual can request the trustee’s removal or replacement.
How We Can Help
At Nanda & Associate Lawyers, our experienced Estate Lawyers understand your specific circumstances and provide tailored and customized solutions for each of them. If you believe that an executor needs to be replaced or removed or are facing any substitute decision maker disputes, please call us.
Our GTA Wills and Estate Lawyers are available for a consultation. Come and experience our quality legal counsel and personalized care we give to each client. We ensure prompt communication and a professional approach to achieve successful outcomes for you.
Feel comfortable interacting with our caring team who speak more than 15 languages like English, French, Spanish, Italian, Portuguese, Albanian, Hindi, Punjabi, Kannada, Telugu, Tamil, Bengali and much more.