Removing executors and making them pay
On 6 November 2015 Payne Hicks Beach scored a significant victory on behalf of one of its clients in the field of contentious trusts and probate. Acting for the sole beneficiary of a substantial estate, an application was issued some months ago to remove an executor for reasons including conflict of interest and breach of fiduciary duty. Master Price in the Chancery Division ruled that the case for the executor’s removal as advanced by Payne Hicks Beach was overwhelming. Furthermore, the Master made the unusual Order that the costs of the application should be paid by the executor personally, rather than out of the estate.