You or your loved ones (after you are gone) might want to remove an executor from your will for several reasons. You can use particular problems as evidence that the individual is unsuited to perform the job if you wish to submit a removal petition to the court.
When Removal May Be Needed
An executor may be removed if they can no longer perform their obligations due to physical or mental limitations. You can also argue that the executor isn’t handling the estate properly, for instance by failing to protect assets or letting large interest payments mount up. It is possible that they have not yet begun carrying out the will.
You may also wish to remove executors if family circumstances and relationships change and the nominated person is no longer in your life or has died. This article focuses on the forced removal aspect of this issue.
Breach of Trust And Poor Management
If an executor is dismissed, they can be responsible for court fees. This is due to the possibility of a lawsuit for breach of trust (devastavit) from the will’s beneficiaries. That could be when carelessness or poor management leads to monetary losses, someone not listed receiving assets, legacies being distributed incorrectly, using incorrect inheritance to pay expenditures, or allocating funds without paying debts first.
If you are considering stepping down yourself rather than being removed, a deed of renunciation may be the cleaner route, provided you have not already intermeddled in the estate.
Contact Letter of Administration for professional will and probate advice on 020 3985 9555.