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Removing Executors

Who can make an application to remove executors?+

Someone that is has a beneficial interest in the estate or is a creditor of the estate can make an application to the court for an order removing, substituting and appointing additional executors.

What are the grounds for removing them?+
  • Serious incompetence or breach of their duty to administer the estate.
  • Serious friction between the executors.
  • Unsuitable – serious misconduct, conflict of interest or abuse of their position in failing to comply with court orders.
  • Disqualified from acting due to having been convicted of a crime and committed to prison.
  • Dishonest -  Stealing from the estate.   
  • Incapable of performing their duties due to a physical or mental disability.
     
When can you remove them?+

You may request that an executor renounce their appointment before an application is made for the Grant or, apply for their removal before the Grant is obtained.

You may also make an application for their removal once the Grant has been obtained or make and application during the course of proceedings relating to the estate.
 

Who can replace the existing executors?+

Someone who has a beneficial interest in the estate either via the will or under the intestacy laws.

A substitute proposed by the applicant.

The court does have discretion to appoint a judicial trustee. They do not exercise this discretion very often.

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