Removal Of An Executor

We acted for a client who had concerns that his sister was not performing her role as an Executor of the estate correctly. Due to an existing rift amongst family members, our client’s relationship with his sister was already strained and he felt that his sister was using her role as the Executor as a tool to continue the family dispute. The Executor would not disclose details of the assets and liabilities in the estate and as a long time had passed since their father had died, the administration of the estate did not appear to be progressed in a timely fashion.

After first trying to obtain the Executors co-operation with our enquiries we advised our client to make an application to the Court to remove his sister as the Executor and to appoint himself and another family member as the Executors. The application was successful, and our client was able to swiftly conclude the administration of the estate and distribute the inheritance to the beneficiaries of the Will.

This case highlighted the importance of choosing the correct person to act as an Executor in a Will and to consider any existing family dynamics which may already be present when a Will is made and whether those dynamics might hinder the smooth administration of your estate.