If Executors do not carry out the duties properly, they can be removed by a court order. The court can revoke the Grant of Probate on sufficient grounds being established. Recently the Supreme Court of NSW ordered an Executor to be removed due to a conflict of interest.
Do all beneficiaries have to agree to remove an executor?
In circumstances where the executor has not necessarily acted wrongly, but all of the beneficiaries agree that they do not want the appointed executor to act, they can request that the executor consent to being removed or, if it is early enough in the estate administration process, seek an agreement that the named …
What happens if an executor of a will does not want to act?
If the executor refuses to apply for the Grant of Probate, then a beneficiary (or next of kin) can write to the executor to give notice that they are applying to court for someone else to administer the estate. The next of kin can apply for the Grant once they have obtained a court order.
Is there a way to remove an executor?
If this is having a damaging effect on you or any other beneficiary, there is a way that you can put a stop to it. It is possible to apply to Court to remove that executor under section 50 of the Administration of Justice Act. Removing an executor is not always easy and the Courts will not take the decision to remove them lightly.
Can a co-executor be removed from an estate?
The court held that the invoice related to the overheads of the executor’s company and had not been approved by the deceased before his death. This was held as serious enough to justify removal of, not only the executor in question, but also his co-executor who had supported the payment of the invoice.
Can a court order an executor of an estate to stand down?
You need to prove that person has seriously mis-managed the estate before the court will even consider forcing an executor to stand down. Generally speaking, the courts will only remove an executor if the beneficiaries or next of kin can demonstrate certain things.
Can a Supreme Court executor be removed in Victoria?
In Victoria, an executor may instead be removed by s34(1)(c) of the Administration and Probate Act 1958 (Vic), which empowers the Supreme Court to remove an executor who is unfit to act in that office.
