Removing an Executor


A testator, the individual creating a will, designates executors to carry out the testator’s wishes and oversee the administration of the estate. Executors play an important role, bearing substantial fiduciary responsibilities. Non-compliance with these obligations can lead to severe consequences.

In cases where beneficiaries, co-executors, or other stakeholders in the estate think that an executor is not acting in the estate’s best interests, engaging in dishonest conduct, or failing in their duties, they have the option to file an application for the removal of the executor.

At Derfel Estates Law, our team of experienced estate lawyers routinely aid clients in the process of removing executors. We thoroughly understand your concerns and desired outcomes, create a tailored strategy aimed at achieving those objectives, and provide representation throughout all legal 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 Whitby 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 289-638-3171 or contact us online to schedule a consultation.