A retired civil servant is bringing a High Court test case today over the fees charged to thousands of bereaved relatives each year by will-writing firms when they act as executor of a will. David Khan, 69, from Norwood, South London, is taking legal action against Will Drafters, the Croydon-based firm, claiming that it will charge twice as much as a competitive quote obtained elsewhere.
His case will test whether families have a right to appoint whom they wish as executors to obtain probate and carry out the wishes of the deceased.
via business.timesonline.co.uk
In Connecticut,an executor or administrator can be removed for one of four statutory grounds under CGS 45a-242:
(1) The fiduciary becomes incapable of executing such fiduciary's trust, neglects to perform the duties of such fiduciary's trust, wastes the estate in such fiduciary's charge, or fails to furnish any additional or substitute probate bond ordered by the court,(2) lack of cooperation among cofiduciaries substantially impairs the administration of the estate,
(3) because of unfitness, unwillingness or persistent failure of the fiduciary to administer the estate effectively, the court determines that removal of the fiduciary best serves the interests of the beneficiaries, or
(4) there has been a substantial change of circumstances or removal is requested by all of the beneficiaries, the court finds that removal of the fiduciary best serves the interests of all the beneficiaries and is not inconsistent with a material purpose of the governing instrument and a suitable cofiduciary or successor fiduciary is available.
Interestingly, the firm in question which the beneficiaries seek to remove is a "will writing" firm and not a law firm. The fee being charged does not seem too extravagant, but at the same time, when beneficiaries see their shares diminished by fiduciary fees,the natural inclination is to scrutinize the executor if they are not family.
Thanks to Attorney Matt Berger for the heads up on this article.
