The executor, administrator and trustee are also called fiduciaries. This is because they owe the estate, trust, and the beneficiaries of the estate or trust a fiduciary duty to act in the best interest of the estate, trust, and the beneficiaries. This is the highest levels of legal duty. The fiduciary acts with the same regard as they would if it was their own estate or trust. The beneficiaries can bring an action to remove the fiduciary and to recover money under the following:
- Delay in the administration
- Mismanagement of the estate or trust affairs
- Self dealing – using assets for their own benefit
- Breach of a fiduciary duty
- Breach of loyalty
- Failure to communicate to the beneficiaries