When can I apply to remove an executor and how would I do this?

You can apply to remove an executor when they fail to fulfil their duties and their actions jeopardise the welfare of the beneficiaries or the proper administration of the estate. To initiate this process, you, as an interested party with a legal stake in the estate, can make an application. The court views executor removal as a last resort, given their appointment by the testator’s wishes. However, if the situation necessitates it, the court can issue an order for removal.

Common grounds for seeking executor removal include undue delays, refusal to act, and engaging in fraudulent behaviour. Delays occur when the executor is working but unreasonably delaying tasks. Refusal to act happens when the executor purposefully obstructs the estate’s administration. Fraudulent behavior involving estate assets can also lead to removal.

In the case of the Kajaks Estate (2016), the executor’s prolonged inaction and attempts to manipulate the beneficiaries demonstrated a lack of reasonable fidelity and adversely affected the beneficiaries’ welfare. This resulted in the court granting executor removal, enabling the estate administration to progress.

To apply for executor removal, you would need to follow legal procedures and present evidence that supports your claim for removal based on the executor’s failure to fulfil their duties or misconduct. Consulting legal experts experienced in contentious probate matters is advisable to navigate this process effectively.

Please get in touch with us at your earliest convenience to discuss the validity of your claim for the removal of the executor stated in the Will. We are keen to address this matter and assist you further.

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Contentious Probate

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