You might want to remove an executor from your will for several reasons. If you want to file a removal petition with the court, you can include specific issues in your application as proof that the person is unfit to carry out the role. Read on to find out more.
Causes for Removing an Executor
Reasons for removing an executor include them no longer being mentally or physically able to carry out their duties. You may also claim that the executor isn’t managing the estate appropriately, for example, by neglecting to safeguard assets or allowing substantial interest payments to accumulate. They might not have even started executing the will yet.
It is integral to speak to a legal professional before you begin the process of removing an executor.
Fees and Legalities
An executor may be liable for court costs in the event of their dismissal. This is because the beneficiaries of the Will may bring a lawsuit for breach of trust (devastavit). That might very well be the case in situations when financial losses result from negligence or bad management.
Examples of the kind of issues that might be considered a breach of trust include assets being handed to the wrong person (that is, someone who is not the one named in the will) or the possibility that some legacies would be paid out improperly. Other breaches of trust include using the wrong inheritance to cover costs or distributing funds without covering the correct estate expenses.
The cost of expelling an executor will depend on whether or not the application has been disputed. Should an executor be successfully removed from office, that executor will bear the expense of paying the court’s fees. Given the potential size of the payout, this can act as a strong inducement for the executor to fulfil their assigned responsibilities.
On the other hand, it is plausible that the estate administrators have consented to pay the executor’s legal fees, provided the executor does not oppose the removal. If the executor doesn’t resign, they can wind up with a big charge at the end of the day if they lose the lawsuit. Together with their own expenses, they would also be liable for the applicant’s court costs.
If you want help with estate planning, you should contact a professional, such as Intestacy Rules.