Can executor be stopped?

Debt_Monkey_3

I am posting this on behalf of a relative.

Her father died, and her brother was appointed executor. Probate has been granted, but we do not believe that he is acting in the best interest of the estate. Assets are potentially being sold at an undervalue.

Is there any way to stop / pause what he is doing?

I was looking at a caveat but I think this only applies if probate hasnt been granted, but im not sure.

Thank you.

localhero

Hi Debt Monkey,

You are right, caveats are placed to prevent a grant being taken out.

If the executor is selling assets at an undervalue (ie property to close friends/relatives at way below market value), then this amounts to a breach of trust or a breach of fiduciary duty.

Be careful though, because in today's property market he may have been forced to sell the property at a more realistic price to achieve a sale - often a cut of 20% or more is necessary. To others this will be painful - but if he did nothing and held out for an unrealistic price and the market fell further, the estate would suffer more as a result.

If it is clear he is an unsuitable executor, then ultimately an application to the High Court may be made to have somebody else appointed.

First of all I would recommend that you contact the principal probate registry and express your concerns and they can provide you with some guidance.