While a personal representative named in a will cannot be forced to take on this responsibility, once an individual has commenced acting as an executor and trustee, he or she cannot unilaterally resign and divest himself or herself of the position. A person named in a testamentary document who does not wish to act may renounce his or her entitlement to act as an executor and trustee and file that renunciation with the court. However, once a Certificate of Appointment of Estate Trustee has been issued by the court, a personal representative must be removed by court order upon application made pursuant to the Trustee Act. A court may remove a personal representative and appoint a new personal representative upon an estate trustee’s own application or upon the application of an estate beneficiary.
A removal application may be brought by a beneficiary who is displeased with the actions of a personal representative or by a trustee who is unable to work with a co-trustee or cannot resolve a fundamental disagreement respecting the administration of an estate.
How Can We Help You?
If you are a beneficiary of an estate involved in a dispute with a trustee or are a trustee who is involved in such a dispute, we can work to resolve this dispute for you.