Publish Date: June 4, 2020

HELP! I’ve Got An Executor Dispute: Can I Remove an executor of a will?

It is not uncommon for clients to raise they are frustrated with how the executor of a will is administrating a deceased person’s estate.

These complaints typically arise from beneficiaries to a Will, being the category of person who benefits under the will. Before dealing with these issues, it is necessary to understand the nature of the executor of will, their position, and the responsibilities this position demands.

An individual referred to as the “testator” is the person who writes the will, or has someone draft a will on their behalf. During the creation of this will, the testator will generally (not always) appoint a person as “executor”. In the event the testator passes away, it is the executor’s responsibility and duty to administer the estate or allocate the money and assets an executor of the estate to the proper persons. If the testator is alive, changing which person or persons are executors is quite simple, involving a simple amendment to the will.

However, if the testator is deceased, it becomes difficult to remove the named executor of a will.

For more information, please visit our website: https://jamesnoblelaw.com.au/how-to-remove-the-executors-of-wills-of-your-estate/