Removing A Trustee Or Executor In Vancouver

Executors and trustees are expected to put the interests of the people they serve above their own, because they have been trusted with a serious task.

Many executors and trustees are regular people who have been asked to take on a difficult role, though sometimes they are professionals who are being paid for their services. Regardless of their level of experience, they are expected to understand that the beneficiaries are depending on them.

An executor's duties include tracking down beneficiaries, distributing assets and completing final tax returns. For trustees, they includes making investments and guarding the assets for the benefit of the trust beneficiaries.

When an executor or trustee doesn't perform, it is the right of a beneficiary to ask that he or she be removed.

At Lunny Atmore LLP, our lawyers can help beneficiaries who are dependent on an executor or trustee who is not performing as needed.

Reasons For Removal

There are a number of reasons to remove a trustee, including:

  • Taking too long to perform duties
  • Failure to perform certain duties
  • Exploiting the estate assets
  • Conflict of interest
  • Mistakes made during the performance of duties, such as bad investments
  • Failure to act in the best interest of the beneficiaries
  • Failure to keep accurate records of actions on behalf of the estate
  • Taking too much of the estate in payment for duties performed

The time after a person has died can be full of conflict and misunderstandings, and long-standing family disputes that flare up in the middle of high emotions. Much of estate litigation can be attributed to this.

Removing a trustee or executor is usually difficult, especially for reasons such as mistakes, delay or incompetence, unless it can be shown that the mistakes caused significant harm to the estate or the beneficiaries.

It is somewhat easier if it can be shown that the trustee or executor has abused a position of trust, shown dishonesty or lack of care for the beneficiaries, or lack of good faith.

When we meet with you, we will get to know your situation. We will let you know how likely your case is to succeed at trial, and discuss alternate ways of resolving the situation.

Our priority is to help you meet your needs, in whatever method is most likely to succeed.

Contact Lunny Atmore LLP

Let us help you assert your rights if you are a beneficiary of a trust or will. We represent clients in need throughout Vancouver and nearby parts of British Columbia. Call us at 604-259-1678 or email us to discuss your options.