Removing an Executor


Executors take on the critical responsibilities of executing a testator’s will. Fulfilling these fiduciary duties holds significant legal and ethical weight and failing to meet these obligations can lead to severe consequences.

If beneficiaries suspect misconduct, dishonesty, or negligence by the executor, they retain the right to seek removal through legal channels.

At Derfel Estates Law, our estate lawyers specialize in aiding clients in these delicate matters, offering personalized strategies and unwavering legal representation throughout the process.

Fiduciary Duty

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:

  • Avoiding conflicts of interest
  • Treating all beneficiaries fairly and equally
  • Keeping careful accounts and records of the estate
  • Passing the accounts where necessary

Other Executor Duties 

In addition to their duty to always act in the best interests of the estate, executors must also:

  • Administer the estate, including going through the probate process, if needed
  • Locate and collect the assets of the estate
  • Distribute the assets to beneficiaries according to the will
  • Fulfill any other obligations mentioned in the will

Removing an Executor

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.

For Guidance on Executor Removals Contact the Barrie Estate Litigators at Derfel Estate Law 

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 705-812-2100 or contact us online to schedule a consultation.