Being named as an executor of a will by a family member or friend is both an honor and a significant responsibility. It signifies the trust and confidence that the testator (the person who made the will) has placed in you. As an executor, you are legally obligated to act in the best interests of both the testator and the beneficiaries. Failure to do so can lead to disputes, and in some cases, legal action against you.
If you are a beneficiary concerned that the executor is not acting in your best interests, or those of the other beneficiaries, here are the steps you can take to remove them.
What is an Executor?
An executor is a person appointed in a will to administer the testator’s estate upon their death. This role involves various duties, including:
- Collecting the testator’s assets.
- Converting assets to cash, if necessary.
- Arranging and paying for the funeral and other testamentary costs.
- Settling any outstanding debts of the estate.
- Filing and paying applicable taxes.
- Applying for a grant of probate.
- Distributing assets to beneficiaries as specified in the will.
Executors have a fiduciary duty to act with care, diligence, and loyalty. For example, they must obtain the best possible price for any assets sold and perform their duties promptly.
Why Remove an Executor?
There are several reasons why beneficiaries may wish to remove an executor:
- Inability to Fulfil Duties: Acting as an executor is a challenging task that requires managing paperwork, locating assets, and dealing with creditors. Some executors may find themselves overwhelmed or incapable of performing their duties.
- Incompetence or Mismanagement: An executor may lack the necessary skills or experience to manage the estate, leading to delays or errors in administration.
- Conflict of Interest or Misconduct: If the executor is not acting in the best interests of the beneficiaries—such as selling assets below market value to friends or relatives—this could be grounds for removal.
- Mental Incapacity: An executor suffering from a mental impairment, such as dementia or a brain injury, may be unable to fulfil their responsibilities effectively.
How Can an Executor Be Removed?
An executor may be removed by the court if they fail to perform their duties properly or if the beneficiaries present a compelling case. Under Section 55 of the Probate and Administration Act, the court has the discretion to remove an executor if:
- No application for a grant of probate or letters of administration is made within six months of the testator’s death.
- An application is made but is not continued, is withdrawn, or is refused.
- The grant of letters of administration has not been extracted.
An executor may also voluntarily renounce their appointment, either in writing or by appearing before the court to express their renouncement.
Constructive Renouncement
An executor’s position may be considered “constructively renounced” in the following situations:
- Failure to Apply for Probate: If the executor does not apply for a grant of probate within a reasonable time, beneficiaries can issue a citation to require the executor to accept or renounce their appointment.
- Non-Appearance in Court: If the executor fails to appear in court or does not pursue the grant of probate after appearing, they are deemed to have renounced their position.
Challenging the Validity of the Will
If the validity of a will is successfully challenged, the executor’s appointment is voided, and the estate will be administered under the rules of intestacy. However, challenging a will’s validity is complex and could impact a beneficiary’s entitlement to inherit. Legal advice should be sought before proceeding.
Appointing a Substitute Executor
If a substitute executor is named in the will, they will assume the duties of the removed executor. If no substitute is specified, the court will appoint a new executor to manage and distribute the estate.
Filing a Caveat
Beneficiaries concerned about the executor’s suitability or the validity of the will may file a caveat with the court. A caveat prevents a grant of probate or letters of administration from being issued without notifying the person who filed it, allowing time to investigate grounds for opposing the grant.
Grant of Probate vs. Letters of Administration
- Grant of Probate: Issued when there is a valid will and named executors to administer the estate.
- Letters of Administration: Issued when a person dies without a will or when there is a will, but no executors are available or willing to act.
Both grants carry the same legal weight but are obtained through different procedures.
Handling Disputes Between Executors and Beneficiaries
Tensions may arise among executors, co-executors, and beneficiaries when managing an estate. Disputes can occur due to mismanagement, delays, or perceived unfairness in handling the estate. Communication, transparency, and legal advice are crucial to resolving these issues efficiently.
Legal Assistance to Remove an Executor or Resolve Disputes
If you need to remove an executor or contest a will, seeking legal advice early can help prevent costly disputes and delays. At PKWA Law, our experienced probate lawyers can assist with:
- Applications to remove executors or substitute them.
- Contesting the validity of a will.
- Advising and representing executors and beneficiaries in estate administration.
We can help you manage the probate process smoothly and resolve disputes, ensuring compliance with Singapore law.
Contact Us for Further Assistance
If you are facing issues with an executor or need help with estate administration, contact our experienced probate lawyers for tailored guidance and support.