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Removing an executor

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  • Removing an executor

    Just a quick question. If an executor owes money to the deceaseds estate, is that grounds to remove them as an executor? The debt would surely represent a conflict of interest?*
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  • #2

    Quick question, but no quick answer!

    The executor's duties include collecting in the assets.
    The assets encompass debts owing to the estate
    Do you have reason to suppose the executor will not include his debt to the estate in the estate accounting.

    The testator obviously trusted this person by not only lending him money but then appointing him executor.

    Do you know the terms of the loan? the size of the loan?
    Could it even be transferred into a gift in the event of the donor's death prior to its repayment?
    Would it affect IHT?

    Removing an executor is easier said than done
    If you have concerns you should first write ask the executor to explain his actions.
    If you are not satisfied with the response, you can make an application to court to remove him.
    and appoint a substitute personal representative.

    To make this application, you will need to provide a certified sealed copy of the Grant of Probate and a Witness Statement setting out why he should be removed.

    If you go down this road beware the costs
    *

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