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.
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.
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.
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:
Even before proceedings begin, we can review conduct, gather evidence, and explore settlement options to achieve a swift and proportionate outcome.
In deciding whether to remove an executor or trustee, the court looks at:
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.
Our contentious probate and trust team provides clear, decisive advice on:
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.
Trustees play a vital role in managing assets for others. Their duties require honesty, impartiality, and diligence but in practice, conflicts often arise. Disputes can develop between co-trustees, between trustees and beneficiaries, or even among beneficiaries themselves. Trustees may also face uncertainty about whether a proposed course of action is lawful or exposes them to risk.
After someone’s death, discovering that their will is missing, incomplete, or potentially forged can create confusion and mistrust. In these cases, the law provides mechanisms to prove what the true will was or to challenge one that is false or improperly made.
Why us?
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.
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.
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.
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.
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.
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.
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.
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.
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.
As a reputable law firm, we adhere to the highest ethical standards, ensuring transparency, integrity, and professionalism in all our dealings.
When their conduct prevents proper administration, creates delay, or causes an irreparable breakdown in confidence.
Yes. The court focuses on whether their continued role serves the proper administration of the estate or trust.
The court decides. Costs can be met from the estate or trust, but unreasonable conduct may lead to personal liability.
The court will usually appoint a replacement, often an independent professional, to complete the administration.
If you need legal advice, contact us today to request a free callback. Please note that all meetings are by appointment only in all our offices.
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