Removing an executor of an estate in Ontario
The executor of an estate is usually the person or one of the people charged with the task of administering the estate. There are many situations when a party such as a beneficiary may have a dispute with the executor of the estate. In some situations removing an executor may be the preferred course of action.
An experienced estate lawyer can help you determine if removing an executor is the right course of action in your case. The decision to seek the removal of an executor should never be taken lightly.
The Court can order the removal of an executor
The Court has the power to order the removal of an executor. Executors can be removed if their actions have endangered the estate, if they have acted dishonestly, if they have acted without proper care, or if they have acted without reasonable fidelity. There are many situations when removing an executor may be appropriate. These include, among others, situations involving:
- Failure to distribute the estate assets
- Fraud or embezzlement
- Gross misconduct
- Conflict of interest
- Bankruptcy on the part of the executor
- Failure to pass accounts
The Court has jurisdiction to remove an executor on any of the above grounds even in some situations where a will has not been probated. In one case the executor had taken steps to administer the estate and that was enough for the Court to order the removal. In other circumstances (such as conflict of interest) the Court may decide to suspend the executor’s right to administer the estate. Whether the removal of an executor is appropriate for your case will depend on the specific facts of your case.
If seeking to remove an executor, legal advice is important
Charles Ticker has 38 years of experience as a lawyer and restricts his practice to estate litigation, estate administration and mediation of estate disputes. He will work with you to represent your interests throughout the removal process and to ensure that you are adopting the best litigation strategy.
Furthermore, in Toronto, Ottawa, Windsor and the County of Essex, mediation is mandatory for removal of executor claims. if your dispute is in Toronto, you should consult a Toronto estate litigation lawyer. Charles is an estate litigation lawyer and a qualified mediator with experience that is valuable in removal process. He will provide you with the advice and support you need during while taking the required steps to remove and executor.
The information on this website is not legal advice. It is for informative purposes only. Contacting us through the website, email, or telephone does not mean you have retained a lawyer. To book a consultation, call Toronto estate lawyer Charles Ticker at: 1-866-677-7746.