Do the Executors of an Estate Really Get Sued?

Challenges for executors typically occur when the executor has made an error or a beneficiary thinks the executor has made an error in any or all of the following areas in the administration of an estate:

  • Favouritism: Preferential or prejudicial treatment of certain beneficiaries resulting in a loss of entitlement by another beneficiary.
  • Loss of money or value: Timing issues related to the sale of real property or various types of financial instruments that result in diminished value of the asset.
  • Conflict of interest: Allegation of conflict of interest on the part of the executor whether the executor is also a beneficiary or not.
  • Error in value: Failure to valuate or improper valuation of assets.

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