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Procedure on how to remove an executor

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  • overthehill
    started a topic Procedure on how to remove an executor

    Procedure on how to remove an executor

    Hello. I am really hoping that someone can give me correct advice as to the actual procedure of removing an executor from their duties. The reason being is that my daughter is the executor of my fathers will and I have finally after a very long time managed to get proof and evidence that proves she has been filtering money from my late fathers estate and that she has been putting it into her own bank account since being the Executor. With it being my daughter ,I really do not want to report her to the Police, but instead I have decided that I wish for her to be removed from her duties and for a solicitor to take over as executor. In my daughters opinion, my late fathers will is almost finalised. However, when I present my evidence of my daughters theft to the solicitor, is it a straightforward procedure for her to be removed? Or will the solicitor have to contact and notify my daughter about the removal of her duties before he can apply to the courts? Or will the courts contact my daughter before they remove her? The reason I ask how this removal procedure is done is because my daughter has shown that she is a very devious, canny person and I believe that if she is approached first she will do everything in her power to try and stop the solicitor from removing her of her executor duties, as she knows that when this happens all her deceit and theft will be exposed. I really hope that someone can advise me on this
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  • des8
    Renunciation: an executor can only step down before intermeddling with the estate
    Citation: is used to force an executor to apply for a grant of probate or stand aside

    To remove an executor who already has a grant of probate High Court is the only way forward

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  • orglaw
    From what I read, there are 3 ways to remove the current executors - Renunciation, Citation, Court Removal

    Leave a comment:

  • des8
    What a terrible situation for you

    Firstly it is not a simple matter to remove an executor, which can only be done by an order from the High Court
    However where there is clear evidence of misconduct, an application for removal should succeed,

    It could well be that your solicitor will recommend an application to Court for an Inventory and Account to be ordered.
    A much cheaper and easier option that might bring her to her senses

    Leave a comment:

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