How to Remove an Executor From a Will in Alberta

How to Remove An Executor From A Will in Alberta

How to Remove An Executor From A Will in Alberta

It is not uncommon to see executors removed from a will or estate in Alberta. Applications to remove an executor are generally commenced by the estate beneficiaries. In some cases, the executor may request to have themselves removed if they are unwilling or unable to execute the estate’s last wishes. If you have been asked by a loved one to be the executor of their will and estate – there is a lot of important information you need to know. In our recent blog post titled “Information Executors of Wills and Estates in Alberta Need To Know” – we go over these details with you. It is important that you understand your expected legal and fiduciary duties before agreeing to be someone’s executor in order to prevent any legal issues or delays down the road. Removing an executor from a will is generally commenced by an application where the court has statutory authority to remove an executor.

Here are some reasons a court may remove an executor:

  • Fraud or gross misconduct
  • Bankruptcy
  • Failure to distribute assets or maintain an even hand
  • Endangering assets
  • Incompetence
  • When an executor refuses to or is unable to act
  • Hostility between executors and beneficiaries
  • Executor not communicating with beneficiaries
  • Conflict of interest

Where it gets messy is when an executor does not want to be removed and the beneficiaries do want the executor removed or if any of the above-mentioned situations arise. In a situation like this – estate litigation may be required and we recommend consulting with an Edmonton wills and estates lawyer as soon as possible for legal guidance and representation.

How does an Executor get removed?

The first step is to consult with a wills and estates lawyer. Beneficiaries can petition the court to have the executor removed or the executor can ask to be removed. This process can take a long time and there is generally no guarantee that the courts will honour this request. In the event the request is granted – the court will appoint a new executor. There must be sufficient grounds to demonstrate cause for removing an executor and a lawyer can help you determine whether or not you have merit to satisfy this request. If there is merit – a lawyer will assist you by commencing an application on your behalf.

Contact our Edmonton Wills & Estates Lawyers Today

If you require legal assistance regarding the removal of an executor and reside in Alberta – our Edmonton wills and estates lawyers can help. Contact our law firm today and request to speak with a wills and estates lawyer regarding your legal matter. You can book a paid consultation by calling 587-410-2500, live chat with us, send us an email or complete an online consultation form. We generally respond to all clients within one business day.

Disclaimer: Please note that the advice provided in this article is not intended to act as legal advice. For specific legal advice on your wills and estates matter please speak with a lawyer directly regarding your unique situation. Lawyers are only allowed to give legal advice once a lawyer-client relationship has been established in the form of a signed retainer.