There is always the possibility of friction between the beneficiaries of an estate of a deceased person on the one hand and the Executors who are administering the estate on the other. The beneficiaries want to receive their entitlement as swiftly as possible but there might be perfectly legitimate reasons for the Executors delaying the administration of the estate.
The much talked about Jimmy Savile case ended up in the courts recently. The beneficiary of the estate was a charity and the Executors were a bank. The beneficiary tried unsuccessfully to remove the Executors on the basis that the administration was not moving quickly.
The fact that the estate faced many potential claims which could render the estate insolvent was sufficient reason in the court's view for the Executors to take a cautious approach.
The case acts as a useful reminder that it is difficult for the beneficiaries to remove an Executor especially if there are potential claims against the estate.
If you are an Executor facing such claims or a beneficiary who feels that an Executor of an estate is not administering the estate properly please do contact us.