Executor or Trustee RemovalDiscover Candid Advice and Strategic Advocacy
We can assist in cases where an executor or trustee needs to be removed or a new one appointed.
Where more than one executor or trustee is appointed, disagreements may arise as to how the provisions of a Will or Trust should be carried out. In other situations, an executor may be very slow in administering an estate, or a trustee may not be carrying out terms of the trust such as making payments to beneficiaries. In such cases, co-trustees or beneficiaries may bring an application for the removal and/or replacement of an executor or trustee. If involving poor financial management of the assets or suspected fraudulent activity, these applications often come under the ambit of a ‘passing of accounts’ application, written about here.
Sometimes there are situations where there is no contested administration of an estate or trust. Rather, an estate or trust requires a new trustee in order to administer newly found assets, or to continue with administration of a trust. For instance, a current trustee may be unable, unwilling or incapable to continue their duties. Sometimes, a trust instrument may not provide for the power of appointment of new trustees and even if it does, a new trustee may be wary of taking on the duty without a court Order absolving him or her of the prior trustee’s administration.
In these cases, an application – whether contested or on consent – may be brought before the court to remove a trustee and appoint a new one.
Lisbeth concentrates her practice in the areas of will challenges, estates & trusts litigation, guardianship appointments & capacity litigation, estate & guardianship accountings, and dependant support claims. Litigating since 1988, Lisbeth brings her extensive experience and pragmatic approach to helping her clients resolve their estate, trust, and capacity disputes.Learn More
Areta focuses her law practice on estates, trusts and capacity litigation. Areta helps de-escalate conflict, so that clients can focus on their health and family. When situations escalate, Areta is a strong, capable advocate.Learn More