What you can do to remove an estate executor

There are times when things just do not work out as planned. This is just as true in estate planning as it is in other situations. Although a great amount of consideration is given to the appointment of an estate executor or trustee, sometimes it just does not work. Loved ones of the deceased often feel they have little or no recourse in challenging the executor, but this is not necessarily true.

Sometimes all involved parties can try to resolve their disputes privately. Perhaps the executor did not realize he or she was performing inadequately and a few simple discussions can remedy the situation. Other times, however, more direct action may be necessary in order to resolve the situation.

Under what circumstances can loved ones try to remove an estate trustee or executor? Several possible scenarios exist such as a conflict of interest, not performing executor duties adequately and exploiting the estate's assets, perhaps for personal gain. In short, anytime a trustee or an executor fails to perform his or her duties, the estate's beneficiaries can initiate actions to remove the executor.

With that said, you should know that it is not always easy to remove an executor. In most cases, you will benefit from consulting with a lawyer about your individual case. A wills and estate lawyer will represent your interests and the interests of your deceased loved one if executor disputes arise.

We invite you to read more about removing an executor as well as other issues related to estate beneficiaries on our website. We offer residents in Vancouver a wide array of services pertaining to estate law in British Columbia.

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Lunny Atmore

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Vancouver, BC V6C 1E5

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