Can a beneficiary substitute an executor of an estate?
If a beneficiary believes that an estate is not being properly administered, then it is possible for them to apply to the court to substitute or remove an executor or personal representative. However, we generally recommend that attempts are made to resolve the dispute at an early stage to avoid going to court if possible.
When does a court remove an executor of a will?
Removal of Executors. The court can remove a fiduciary, such as an Executor, when the court believes that the Executor has taken action counter to the beneficiary’s best interest breaching their fiduciary duty. Convincing A Judge To Remove An Executor. The judge will remove an Executor only if he or she hears the proper evidence.
Can a beneficiary override an appointed executor?
In most situations, beneficiaries can’t override a legally-appointed executor just because they don’t like the decisions they are making. However, if a beneficiary believes that the executor is not following the terms of the will, they have the legal right to ask the court to appoint a new executor.
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 beneficiary remove an executor of an estate?
Generally, it’s up to the beneficiaries (or estate creditors) to go to probate court and prove that the executor needs to be replaced. Each state has its own rules about what constitutes reason for removal, but courts will remove an executor who: is convicted of a felony.
Can a fiduciary be removed from an estate?
If an interested party believes that an Executor has committed acts requiring removal they can hire an Estate Litigation Attorney to petition for that fiduciary’s removal. Further, if the Executor’s wrongful act has damaged the Estate, the Attorney can also Petition to force the Executor to file a Formal Account.
Where do I go to get an executor removed?
Most applications to substitute or remove an executor or personal representative are made to the High Court under section 50 Administration of Justice Act 1985. This usually deals with the removal of executors and administrators after the grant of probate.
Can a will be changed by an executor?
No. The executors of a will have a duty to act in the best interests of the estate and the people named in it. So, an executor can’t change the will without the permission of the beneficiaries. It is technically possible to make changes to a will by creating a deed of variation.