• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Procedure on how to remove an executor

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • 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
    Tags: None

  • des8
    replied
    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

    Leave a comment:


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

    Leave a comment:


  • des8
    replied
    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:

View our Terms and Conditions

LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
Working...
X