Section 37 of the Trustee act provides the court with the authority to remove an executor/estate trustee from his/her position in the estate.

In either case there is a significant evidentiary burden involved in the removal as the court will not likely interfere with the deceased’s choice of executor/estate trustee.

The court will consider the following factors in determining whether an executor/estate trustee should be removed;

1. The primary focus and concern is on a welfare of the beneficiaries of the estate;

2.The executor/estate trustees conduct must be of a nature as to threaten the proper administration of the estate;

3.The removal of the executor estate trustee must not only be appropriate but must amount to a clear case of necessity;

4. A conflict of interest in relation to the executor/estate trustee is not always in itself sufficient cause to remove the executor/estate trustee.

Written by Barrie Hayes