Courts are generally deferential to a Will-makers choice of executor. However, the Court will "pass over" a named executor if it believes there are reasonable grounds to do so. The overarching consideration is whether the conduct of the executor(s) threatens the proper administration of an estate.
The deceased had appointed her sons as executors. The eldest brother had subsequently died and the two remaining feuding brothers sought a grant of probate (the authority to administer a deceased’s estate) to one brother or the appointment of an independent administrator.
The Court decided that, because of the conduct of the brothers since their mother’s death in 2012, to appoint either of them would be to place the proper administration of the estate in jeopardy. Accordingly, the Court appointed an independent solicitor to administer the estate and each party had to bear their own costs of the proceedings.
The lesson is that the Court will "pass over" a named executor when not to do so would potentially jeopardise the competent administration of an estate.
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