Removing an Executor of an Estate
When all of your other options for resolving an estate dispute have been exhausted, removal of the executor may be necessary. However, it is a difficult process and the decision to seek removal should never be taken lightly. An experienced estate lawyer can help you determine if removing an executor is the right choice in your case and guide you through the process.
Grounds for Removing an Executor
There are several situations which may lead to the removal of an executor. Generally, an executor can be removed if he or she has endangered the estate, acted dishonestly, acted without proper care or acted without reasonable fidelity.
This may include situations involving:
• Failure to distribute the estate assets
• Fraud and embezzlement
• Gross misconduct
• Conflicts of interest
• Bankruptcy on the part of the executor
• Failure to pass accounts
The Court has power to remove an executor on the above grounds, even in some situations where the will has not been formally probated. In one case the executor had taken steps to administer the estate and that was enough for the Court to gain jurisdiction for removal. In other situations, there may appear to be a conflict of interest and a ground for removal of the executor, but the Court may decide to suspend the executor’s right to administer the estate.
For example, a man may appoint his wife as executor of his will. Years later, the couple may have to file for divorce. If there is a dispute about the division of property which remains unresolved at the time of the husband’s death, the court may suspend the widow’s right to act as executor until the divorce case is resolved. There are many issues which may complicate the removal of executors.
Whether the removal of an executor is possible in your case will depend on your specific circumstances. Charles Ticker will work with you to investigate the facts and represent your interests throughout the removal process.
In Toronto, Ottawa, Windsor and the County of Essex, mediation is mandatory for removal of executor claims. Charles Ticker is a qualified mediator whose experience can prove invaluable in this context. Charles B. Ticker Law Office provides clients with the advice, resources and support they need during a removal of an executor. Estate litigation matters require prudent advice from experienced counsel.
The information on this website is not legal advice. It is for informative purposes only. To schedule an appointment, call Mr. Ticker at: 1-866-677-7746. A lawyer can only be retained after a consultation where all the details of the matter and retainer are discussed.