Trustee Disputes and Protection
Trustee disputes and protection solicitors offering expert advice on resolving trustee conflicts, protecting beneficiaries and ensuring proper trust administration.
Executor and Trustee Removal Solicitors
Executor and trustee removal solicitors providing expert advice on removing or replacing executors and trustees, and resolving estate or trust disputes.
When Executors or Trustees Cause Problems
Executors and trustees are appointed to carry out important duties: to administer estates and manage trusts in the best interests of those entitled to benefit. When they fail in those duties, through delay, mismanagement, or conflict, confidence can quickly erode and the administration may stall altogether.
At IMD Solicitors we act for beneficiaries, executors and trustees in disputes about the conduct or removal of those executors and trustees. We have particular expertise in court applications to remove or replace them under section 50 of the Administration of Justice Act 1985 or the court’s inherent jurisdiction. Our aim is always practical: to restore progress, protect assets, and minimise conflict.
Common Executor and Trustee Disputes
- Delay or failure to administer the estate or trust properly
- Refusal to provide accounts or information to beneficiaries
- Mismanagement or misappropriation of funds
- Conflicts of interest between fiduciary duties and personal interests
- Breakdown in relations between co-executors, trustees, or beneficiaries
- Allegations of negligence, breach of trust, or misconduct
Not every disagreement justifies removal, but when trust has irretrievably broken down or mismanagement puts the estate or trust at risk, the court can and will intervene.
Removing or Replacing Executors and Trustees
Where executors or trustees cannot or will not perform their duties properly, the court may remove and replace them under section 50 of the Administration of Justice Act 1985 or through its wider supervisory powers. The purpose is not to punish but to ensure that administration continues effectively and in accordance with the law.
We regularly act in:
- Applications to remove or replace executors or trustees
- Defending fiduciaries accused of misconduct or mismanagement
- Negotiating resolutions to avoid the cost and publicity of litigation
- Advising on appointing independent professionals to restore confidenc
Even before proceedings begin, we can review conduct, gather evidence, and explore settlement options to achieve a swift and proportionate outcome.
What the Courts Consider
In deciding whether to remove an executor or trustee, the court looks at:
- Whether the administration has been obstructed or delayed
- Whether confidence has broken down so badly that progress is impossible
- Whether the individual has acted with honesty, competence, and impartiality
- The impact on the beneficiaries and on the efficient administration of the estate or trust
As reaffirmed in Fernandez v Fernandez [2025] EWHC 2373, the courts now take a firm but balanced approach, intervening where relationships or performance have collapsed, while respecting the testator’s or settlor’s original choice.
How We Can Help
Our contentious probate and trust team provides clear, decisive advice on:
- Assessing whether removal is justified or defensible
- Reviewing fiduciary conduct and record-keeping
- Preparing and responding to pre-action correspondence
- Bringing or resisting court applications for removal or replacement
- Advising fiduciaries on risk management and personal liability
- Negotiating outcomes that preserve assets and relationships
We understand that these disputes often arise within families or long-standing professional relationships. We handle them with discretion and sensitivity while remaining focused on resolution.
Our private wealth experts are here to help you
For an initial consultation, call our private wealth solicitors on 0330 107 0107 or request a free call back.
Our Approach
- Practical and focused – we act swiftly to protect assets and restore effective administration
- Specialist expertise – substantial experience in removal proceedings under s.50 AJA 1985 and trustee disputes
- Clear advice – we explain your options, risks, and likely outcomes in plain terms
- Cost transparency – full discussion of funding options from the outset
Example Cases
- Acted for beneficiaries securing the removal of an executor who refused to cooperate with their co-executors, leading to loss and delay in administering the estate. A substantial costs order was also obtained.
- Represented trustees accused of mismanagement, negotiating a mediated settlement that avoided court proceedings and protected the trustees’ costs position.
- Advised co-executors in a dispute over control of a complex estate, leading to the appointment of an independent executor and trustee.
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Lost, Missing, Or Forged Wills
Lost, Missing or Forged Wills Solicitors providing expert advice on will disputes, validity concerns and recovering or challenging questionable wills.
Do you have a legal issue that
needs to be resolved in the UK?
Why us?
Why Choose IMD Solicitors LLP?
01.
Why Choose IMD Solicitors LLP?
Our team is adept at handling intricate cases involving international elements, such as division of assets across borders, child abduction and child relocation. This makes us particularly suited for individuals with international family or business ties.
02.
Award-Winning Legal Excellence
We are proud recipients of multiple national awards, a testament to our commitment to legal excellence. Our awards reflect our high standards and dedication to achieving the best outcomes for our clients. You can check the list of our awards by clicking here.
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Outstanding Client Testimonials
Our clients’ satisfaction speaks volumes about our services. We invite you to read the glowing testimonials on ReviewSolicitors, which showcase our ability to exceed client expectations.
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Proven Track Record in Complex Cases
Our firm has a proven track record of successfully handling complex legal cases, particularly those involving cross-border elements. Our expertise is especially beneficial for individuals seeking sophisticated legal solutions.
05.
Deep Cultural Understanding
At IMD Solicitors LLP, we recognise the significance of cultural nuances in legal matters. Our team, with its diverse cultural backgrounds, is uniquely positioned to understand and empathetically address the specific needs of clients from various international communities.
06.
Personalised and Compassionate Approach
We believe in a client-centric approach, offering personalised and compassionate legal advice. Understanding that each case is unique, we tailor our strategies to suit individual client needs.
07.
Comprehensive Legal Services
Beyond family law, we offer a wide range of legal services, making us a one-stop solution for all your legal needs, whether personal or business-related.
08.
Commitment to Client Communication
We believe in empowering our clients with knowledge. Our team ensures that you are well informed about the legal processes and your options, enabling you to make educated decisions.
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Comprehensive Legal Services
Our extensive network of international legal and professional contacts allows us to efficiently handle cases that span multiple jurisdictions, providing a seamless legal experience for our clients.
10.
High Ethical Standards
As a reputable law firm, we adhere to the highest ethical standards, ensuring transparency, integrity, and professionalism in all our dealings.
Frequently Asked Questions
When can an executor or trustee be removed?
When their conduct prevents proper administration, creates delay, or causes an irreparable breakdown in confidence.
Can an executor or trustee be removed if they are also a beneficiary?
Yes. The court focuses on whether their continued role serves the proper administration of the estate or trust.
Who pays the costs of removal proceedings?
The court decides. Costs can be met from the estate or trust, but unreasonable conduct may lead to personal liability.
What happens after removal?
The court will usually appoint a replacement, often an independent professional, to complete the administration.
