When someone appoints a person to execute their will, they pick them for a reason. They are someone they feel they can trust. When family members find out who is to execute the will of their recently deceased loved one, they might have suspicions about the person’s suitability for the role.
Or, maybe the choice initially seems fine, but you have doubts once they start based on their performance.
When can you seek an executor’s removal?
If you are a beneficiary you may be able to ask a court to remove the executor. You will need to have a convincing argument as to why this is necessary. You will need to show that the executor is breaching their fiduciary duty to act in the best interests of the estate. Examples could include:
- The executor is putting their own interests first: An executor cannot be making choices to benefit themselves such as siphoning off money or anything of the sort.
- They are not completing the necessary tasks: The executor must follow certain procedures. For instance, they need to file the will in a probate court and notify specific sets of people. If they are not doing these things, they are not doing their job properly.
- They are not competent: Maybe the executor is trustworthy and was a great choice at the time. It’s just that now they are much older and their health means they are not up to the job.
It will be up to the probate court to decide whether or not to remove the executor. Learning more about how to build a case for their removal is a sensible first step if you have doubts.