Removing an Executor of an Estate in Ontario: What You Need to Know
The executor of an estate is responsible for managing the deceased’s assets and distributing them according to the terms of the will. However, sometimes the executor may not fulfill their duties properly or may act against the interests of the beneficiaries. In such cases, it may be necessary to remove the executor and appoint a new one. Here’s what you need to know about removing an executor of an estate in Ontario.
Grounds for removal
In Ontario, an executor can be removed if they:
Fail to carry out their duties: If the executor is not fulfilling their duties properly or is acting against the interests of the beneficiaries, they may be removed.
Engage in misconduct: If the executor engages in misconduct, such as embezzlement or mismanagement of assets, they may be removed.
Become incapacitated: If the executor becomes incapacitated or unable to perform their duties, they may be removed.
Starting the process
To remove an executor, you must bring a court application. You can do this by hiring a lawyer who specializes in estate litigation in Ontario. They can help you understand your rights and guide you through the process of removing an executor.
The role of the court
Once a court application is filed, the court will hold a hearing to determine whether the executor should be removed. Both sides will have the opportunity to present evidence and witnesses, and the court will make a decision based on the evidence. If the court determines that the executor should be removed, they will appoint a new executor to manage the estate.
Removing an executor can be a complex process, but it is necessary when the executor is not fulfilling their duties properly or is acting against the interests of the beneficiaries. If you believe that the executor of an estate should be removed, it is essential to seek legal advice from a lawyer who specializes in estate litigation. Our firm specializes in this field and can help you understand your rights and guide you through the process of removing an executor.