Who is disqualified from being an executor?

A: An Executor is disqualified generally if they are: Incapacitated (either by age, or by adjudication); A felon, convicted in any state (unless pardoned);

Can an executor be disqualified?

An Executor may become disqualified from acting if they are convicted of a crime and sent to jail. If the Executor or Administrator becomes incapable of performing their duties through physical or mental impairment, then they can be prevented from taking up or continuing in the role.

How do you revoke an executor?

If you have sufficient evidence to believe that the executor has misapplied or embezzled estate assets (or is about to do so), they can be removed. The court will also remove them if they exhibit gross misconduct or mismanagement in the performance of their duties.

How easy is it to remove an executor from a will?

If agreed, the removal of an executor before probate has been granted is a relatively simple process. The executor can simply renounce their position in favour of the chosen replacement. Renunciation is also available after probate has been granted, providing the executor has not intermeddled with the estate.

Can you dispute a executor?

If you believe the executor is not performing the duties of their role, you can make a claim against them. Their duties include collecting the deceased’s assets and distributing them according to the will. You should consider making a claim against an executor if they’ve: Taken ownership of assets for themselves.

What happens if an executor is incapable?

In case the person lacks the mental capacity to act as an executor of a will, then he or she can be replaced. What happens if a person lacks the mental capacity to act as an executor of a will? In situations where the executor become incapacitated, the executor can be replaced by applying to the Probate registry.

Can a beneficiary remove an executor?

If a beneficiary believes that an estate is not being properly administered, then it is possible for them to apply to the court to substitute or remove an executor.