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ARTICLE · 03 JULY 2014

When Can You Remove An Executor Or Trustee?

It is common for someone writing a will to appoint as their executor a family member or friend.

CanadaCorporate/Commercial Law

It is common for someone writing a will to appoint as their executor a family member or friend.  Sometimes this is done without understanding what it means to be an executor.  Sometimes the ability and propriety of the proposed executor is not considered.  Often, the relationship between the proposed executor and the will-maker changes after the will has been written.  Sometimes joint executors cease to get along.  These types of issues frequently do not come up until after the will-maker has died.  However, each of these scenarios may cause problems in administering an estate or trust.  In addition, this may give rise to misunderstandings and distrust between the executor/trustee and the beneficiaries, often other family members.  The administration of the estate or trust can, sadly, descend into acrimony and bitterness with the executor doing nothing, doing things that may not be appropriate or joint executors failing to agree.  What can be done?

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