Removing Executors or Estate Trustees
Published on 29 August 2022, 07:22:56 AM
When probating a Will is going awry, ask Axess Law. Our Toronto probate lawyers can refer you for legal advice on overturning bad or incompetent executors.
Your next-of-kin picked someone they trusted to be their executor, personal representative or estate trustee (the duties are the same). And most executors do act quickly and responsibly to wrap up financial accounts, pay bills, value assets, cancel credit cards, file income taxes and distribute gifts to beneficiaries (heirs) like you.
Courts understand when legal problems like bankruptcy or law suits delay estate distribution.
But short of that, what’s taking so long?
Why to Challenge Estate Executors
Not all executors are created equal.
You might disagree with the person your loved one appointed executor of Will, causing stressful arguments at a distressing time. They could be taking way longer than the usual executor year to distribute a next-of-kin’s last Will and testament. Valuable estate assets may be missing, with no explanation.
Or maybe they are charging the estate too much — probating a Will is not a career! Executors are paid about 5% of an estate’s total value or whatever the Will maker arranges. Anything more could be fraud.
Who Can Challenge Executors
Courts are reluctant to overturn a deceased’s wishes — you would hope so! But if you have a financial interest in an estate and your situation is becoming unbearable, it could be time to ask the courts to have the executor removed.
You may have legal grounds for discontent.
Breach of Trust
Is your loved one’s executor acting in bad faith or without integrity? Are decisions being made that aren’t in the estate’s best interests, like bad investments that have reduced how much beneficiaries receive? Executors have a “fiduciary” or financial duty to you.
Accounts Are Out of Order
“Passing the accounts”, or disclosing how assets were valued, proving debts were paid and showing who received what according to the Will, is a legal responsibility for executors.
Conflicts of Interest
Executors who benefit personally by overpaying themselves or taking assets are in a conflict of interest and may be removed. Courts require executors to be impartial and objective.
Unsuitable Executor
If you have evidence an executor is bankrupt, has a criminal conviction, is incapable because of age or illness, hostile to beneficiaries or other executors or acting in a way that endangers the estate, courts may find them unsuited to the task.
Do You Have Lawyers Near Me?
At Axess Law, you can access lawyers 7 days a week, day or evening, whether you need probate advice or lawyers for Wills.
Probate applications can take weeks or months of your time. Imagine the frustration of trying to do everything yourself when you are in unfamiliar territory.
Axess Law’s probate lawyers can prepare applications for a certificate of appointment of estate trustee with a Will. Our licensed lawyers (Toronto and area):
- review the deceased’s original Will and codicils or changes
- find affidavits of execution from Will witnesses
- And calculate estate administration taxes
to support your probate court application.
We even help you apply to be estate trustee for loved ones or family friends who die intestate without a Will and have no one to be their personal representative.
You Can Ask Us Anything
If you have questions like:
- what is probate?
- what is executor of Will?
- can I bypass probate?
- how do I get a waiver of probate (Ontario)?
Axess lawyers can explain probate law to you.
Replace or Appoint an Executor of Will
Thinking of replacing an executor? Your first probate consultation is free! We have a probate lawyer near you. Ask us for a free quote on applying to probate the estate yourself.
We can arrange a small estate certificate for a loved one with no or little assets.
Appointing Your Own Wills Executor
If probate problems have you thinking, do I need an executor for my Will?, talk to us about it. Appointing an executor of Will to protect your own property and possessions is a good idea.
How to Find an Executor for My Will?
Any Ontario adult can be your executor, as long as they are mentally capable. Get permission before you appoint a personal representative — it’s a long and detail-oriented task.
Axess Law recommends appointing someone you trust, who has good financial skills, can get along well with beneficiaries and make tough decisions when they have to.
Family members can get caught up in the emotions of distributing a Will. Think carefully about who can manage your estate with integrity — and without getting in over their head.
Appointing Multiple Executors
Executors are liable to beneficiaries if they mismanage estate resources by investing poorly or giving away valuable assets. If that has you wondering “can I have two executors for my Will,” the answer is yes.
Your executors may die, fall ill or change their mind after you pass on. That leaves your estate vulnerable. Appointing substitute or alternate estate trustees protects you if your choice for executor resigns or is unable to carry out their executor duties.
Book Online for Fast Probate Services
Remember, for affordable legal services in a hurry. Axess Law has a cheap probate lawyer nearby.
Axess online lawyers can video conference remotely with you 7 days a week, day or evening, at your convenience. We have secure, remote signing software for notarizing documents for Ontario courts. We’re open at locations near you in Toronto and area. Come into any of our law offices nearby to finalize Wills or probate applications.
Or call Axess Law’s Wills and estates Ontario lawyers to appoint executors or estate trustees yourself. You pay just $199.99 and up for our flat rate lawyer services to make a personal Will naming your own executor.
Use our easy online booking form or call the Axess Law 1-647-479-0118 lawyer line to make an appointment. Toll free calls are accepted at 877-522-9377. Talk to us about your probate problems.
