Removing An Executor From A Will (9 June 2023)

One of the most frequent instructions we receive is a request to remove an executor or executors from a will. This decision is arrived at for a variety of reasons but the most cited reason is based on a breakdown of trust between the executor and beneficiaries particularly where relations had soured even before the death of the testator or testatrix who made the will.

This often leads to a situation whereby the beneficiaries are concerned that the executor will not provide a full and proper account of their dealings with the estate or there is a real risk the Executor will dissipate the estate funds thus leaving the beneficiaries without their inheritance. We also see in practice a situation whereby relations between the executors themselves sour thus frustrating the administration process and preventing its proper conclusion with neither executor willing to renounce their role as executor.