Executor Misconduct
Estate trustees must administer an estate honestly, carefully, and in accordance with their fiduciary obligations. Haider Khan Legal assists beneficiaries and other interested parties where an executor is alleged to have caused unreasonable delay, withheld information, mismanaged assets, engaged in improper transactions, or acted in a conflict of interest.
-
Under Trustee Act, s. 37(1), the court may remove a trustee and must appoint a replacement.
The court also has inherent jurisdiction to remove a trustee without naming a replacement. Evans v. Gonder (2010 ONCA) confirms s. 37 does not limit removal of a sole remaining trustee.
-
Disputes between beneficiaries and the trustee that impair administration and cannot be resolved by mediation or resignation provisions.
Mere friction is not enough; there must be clear evidence of misconduct or inability to administer.
-
Act with an even hand toward beneficiaries.
Avoid conflicts of interest.
Maintain proper accounts and pass accounts when required.
-
If conflict prevents effective administration, the court may appoint an Estate Trustee During Litigation (ETDL) to manage the estate (not distribute) while the dispute proceeds. Often easier than removing or passing over a trustee.
Courts balance the welfare of beneficiaries and proper administration against the testator’s freedom to choose a trustee. Abuse of power, conflicts, or fiduciary breaches can justify removal.
Why Choose Haider Khan Legal?
Haider Khan Legal provides strategic and practical representation in disputes involving executor misconduct. We carefully review the estate records, assess the executor’s fiduciary obligations, and pursue proportionate remedies focused on protecting estate assets, enforcing beneficiary rights, and ensuring the proper administration of the estate.
Request your Free and Confidential Consultation
Complete the short form to receive an evidence-based proposal outlining how our counsel can optimize your corporate objectives and regulatory posture.