Breakdown in Estate Administration: Delay, Conflict and Court Intervention

This webinar briefly examined circumstances where an executor of an estate cannot or will not properly act. It addressed the main practical triggers for court intervention, including delay in administration, conflicts of interest and situations in which removal, passing over and other procedural remedies may be sought. The session also explained the legal principles governing court intervention and offer guidance on selecting the appropriate remedy where administration has stalled.

At the end of the presentation, participants will:

• Understand the principal circumstances in which estate administration breaks down and gives rise to court intervention.

• Recognise the difference between delay, conflict, and other obstacles affecting the proper administration of an estate.

• Understand the legal principles relevant to the removal or passing over of an executor.

• Identify when limited grants or other procedural remedies may be used to move administration forward.

• Recognise the practical and strategic considerations in advising clients where probate administration has stalled.