Trustees and executors are generally referred to as Personal Representatives (PR’s).
When there is a disagreement between one PR and another, or between a beneficiary and a PR, either party may make an application to court to appoint a judicial trustee.
PR’s or beneficiaries may find themselves in conflict with the actions taken by a PR in a number of situations including:
A dispute over the suitability of a particular investment or administrative act to the trust.
- Situations where a PR has a personal interest in the distribution of the trust i.e. he/she is a beneficiary under the Will/intestacy, or they are a director/shareholder of a company in which, the estate is concerned.
- Where a PR is partisan i.e. friend or adviser to one of the principal beneficiaries, it may be felt that they have misused their powers whilst acting under a power of attorney.
- If a PR acts dishonestly or unreasonably.
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