Executors are appointed by a testator (i.e. person drafting a will) to carry out the testator’s wishes and administer the estate. Executors play a significant role and are entrusted with significant fiduciary duties and related responsibilities. Failure to comply with these obligations can have serious implications.
Where beneficiaries, co-executors, or others with an interest in the estate believe that an executor is not acting in the best interests of the estate, is being dishonest, or is otherwise not fulfilling their duties, they can bring an application to remove the executor.
At Derfel Estate Law, our estate lawyers regularly assist clients who are seeking to remove an executor. We take the time to thoroughly understand your specific concerns and desired outcome, will craft an appropriate strategy with the goal of achieving that result, and will represent you throughout all necessary legal proceedings.
Executors have a fiduciary duty towards the estate and must, above all things, always act in good faith and with integrity and in the best interests of the estate. This includes:
Other Executor Duties
In addition to their duty to always act in the best interests of the estate, executors must also:
Where an executor is not fulfilling their fiduciary and other duties and not acting in the best interests of the estate, any of the beneficiaries or anyone else with an interest in the estate can, under the Trustee Act, apply for an order removing the trustee.
If you are a beneficiary or other party with interests in an estate, are concerned about the appointed executor, and wish to take steps to remove them, contact Derfel Estate Law. We regularly help clients ensure that decisions are being made in the best interests of the estate. Call us at 416-847-3580 or contact us online to schedule a consultation.
Contact Derfel Estate Law today to speak with a Toronto estate lawyer who will work tirelessly to achieve the best possible resolution to your will, estate, power of attorney, or trusts dispute.
Call us at 416-847-3580 or contact us using the form.
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