Removal of Executors and Trustees

Executors are individuals who are appointed under the terms of a Will to administer and distribute the testator’s estate after his/her death.

In some cases, beneficiaries under a Will cannot inherit immediately for instance because they are under the age of 18 years or they are a vulnerable adult. In those cases, the Will appoints a person known as a Trustee, to manage the legacy for that beneficiary.

It is common for the same person to be appointed as Executor and Trustee under a Will and a Will can appoint up to four executors to act jointly.

Executors and Trustees have a fiduciary duty towards the beneficiaries, to act in their best interests and to ensure that the estate liabilities are paid, any estate assets are sold for a reasonable price and to distribute the net estate as soon as possible to the beneficiaries.

Where there is more than one Executor and Trustee, disputes can often arise between them when making decisions on estate matters. Similarly disputes can arise between the beneficiaries and the Executors and Trustees.

Amongst the various remedies available to people involved in such disputes, they can ultimately apply to the Court for the removal of an Executor and Trustee and for them to be replaced by another person.