Should an executor be removed by the court?

The court will only remove an executor from this position if it can be established that in fact there has been misconduct in the administration of the estate by the appointed executor.

If the shortcomings as to performance by the executor are made known to the executor it is always possible that the executor may show a willingness to improve his conduct and the court will take this into consideration when making a determination.

The court may also take into account the stage of the administration and the costs that will be required to be outlaid to make a new appointment as an executor.  If there is little left to be completed in the administration this factor may influence the court and a decision taken that the executor should not be removed.

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