Executor or Trustee Removal

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We can assist in cases where an executor or trustee needs to be removed or a new one appointed.

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.

Our Practicing Lawyers
Lisbeth Hollaman

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.

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Lisbeth Hollaman

Areta Lloyd

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.

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Areta Lloyd

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