ANNETTE died in late 2021. In her will, she appointed her two eldest children, Fiona and Sean, as co-executors. Her estate consisted largely of a coastal cottage where Sean had been living intermittently for several years. Under the will, the cottage and the remainder of the estate were to be divided equally between Fiona, Sean and their younger brother, Kieran.
After Annette’s death, Sean continued living in the cottage, refusing to pay rent, contribute to utilities or assist with upkeep.
He told his siblings he was “sorting out his life” and needed somewhere to regroup.
Although probate was granted a few months later, no progress was made in administering the estate.
The cottage remained in Annette’s name, bills accumulated, and the estate stalled.
Concerned by the lack of action, Fiona repeatedly tried to discuss the cottage with Sean.
He resisted, claiming he was suffering from “severe burnout”, unstable contract work, and that asking him to leave would be “cruel”.
He said he needed the cottage as a “temporary sanctuary” for himself and a close friend who had also been staying there rent-free.
Over the next year, communication between the siblings deteriorated.
Sean’s messages became accusatory, claiming his siblings were “obsessed with money” and they were pressuring him “during the worst period of his life”.
He suggested he would purchase the cottage but never sought financial advice or made any concrete proposal.
As maintenance costs rose and tax concerns grew, Fiona eventually sought legal advice.
She applied to have Sean removed as executor, arguing he had placed personal interests above his duties and effectively held the estate “hostage” for nearly two years.
At the hearing, Sean attributed his behaviour to exhaustion, ill health and financial instability.
He insisted he had “always planned to administer the estate properly”, but under cross-examination admitted that living in the cottage rent-free was convenient and he had taken no steps toward selling or purchasing it.
The Court held Sean’s personal interest conflicted with his obligations as executor, causing unreasonable delay, heightened family tension and disadvantaging the beneficiaries.
Sean was removed as executor.
Thank you to Ellysha Laklem for her assistance with this column.
This fictional column is not legal advice.
By Manny WOOD, Solicitor
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