Applications to the Court to resolve disputes between personal representatives and trustees
Remove or replace personal representatives or executors
If the administration of an estate is not being progressed satisfactorily or has stalled, or indeed if a trustee has breached their duty to the estate, an application can be made to Court to remove a troublesome trustee or to replace them, for example, with a professional trustee.
To approve the conduct of litigation on behalf of the estate
Sometimes trustees are required to consider whether or not to pursue or defend litigation. If they cannot get the consent of all the beneficiaries to undertake such a course of action, they can apply to the Court for approval and authority to incur the associated legal costs as a legitimate expenses of the estate. Examples include defending an estoppel claim or pursuing a former holder of a power of attorney for reimbursement of funds misappropriated from the deceased prior to death.
To allow beneficiaries to conduct litigation on behalf of the estate
Sometimes trustees decide not to pursue litigation on behalf of the estate and sometimes trustees are the subject matter of a claim that only the estate can bring. In such cases, a beneficiary may apply to the court for permission to bring such proceedings on behalf of the estate and for the legal costs to be paid out of the estate.