HALIBURTON ESTATE LAWYERS AIDING CLIENTS APPLYING FOR THE REMOVAL OF AN EXECUTOR

An executor of an estate is appointed by a testator, the person creating the will, and entrusts the executor to oversee the estate and carry out the wishes of the testator. The role of an executor is significant, carrying substantial fiduciary duties. Failure to comply with these responsibilities can result in severe consequences.

If co-executors, beneficiaries, or other estate stakeholders think that the executor is not acting in the best interest of the estate, failing their duties, or participating in other dishonest activities, they can file an application to remove the executor.

Derfel Estates Law has a team of experienced estate lawyers who often help clients in this process. We take the time to understand your situation and the optimal outcomes, then create a legal strategy aimed at completing those objectives while providing representation throughout all proceedings.

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 Haliburton 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 705-457-1440 or contact us online to schedule a consultation.