Executor or Trustee Removal

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.