How To "Execute" An Executor?

An executor is a person appointed by Will to carry out the administration of the estate.  As a result, beneficiaries rely on the executor to perform his/her duties properly including:-

1. Take out probate; and
2. Administer the estate efficiently and in accordance with the Probate and Administration Ordinance (Cap 10)

Unfortunately, in reality, sometimes the executor turns out to be far from perfect.  Beneficiaries may find themselves stuck with an executor who is unresponsive, difficult, hostile, or simply unfit for or uninterested in the job.  The followings are ways to "dispose" of the unwanted executor:-

Before Grant

Option 1- Caveat

This is a form of caution placed against the estate to prevent the issue of a grant of probate without notice to the caveator.  A caveat will remain in force for 6 months, after which it ceases to have effect.   A caveat can be repeatedly renewed every 6 months.