What Is Executor Misconduct?
Executor misconduct occurs when a person appointed to administer an estate fails to fulfill their legal duties, delays administration, or acts in a way that harms beneficiaries. Misconduct can range from negligence and inaction to conflicts of interest and intentional wrongdoing.
Removing or supervising an executor often requires a court application, especially when beneficiaries are being disadvantaged or estate assets are at risk.
Signs of Executor Misconduct
Common red flags include:
Unreasonable Delays - Executor takes too long to distribute assets or file paperwork.
Failure to Communicate - Beneficiaries are left in the dark with no updates.
Conflict of Interest - Executor prioritizes personal interests over the estate's best interest.
Financial Mismanagement - Missing funds, inaccurate records, or questionable transactions.
Refusal to Act - Executor fails to carry out basic administrative duties.
Legal Remedies
When executor misconduct occurs, beneficiaries can take legal steps such as:
Formal Complaints - Demand accountability or request passing of accounts.
Supervision Orders - Court supervision of executor decisions and conduct.
Executor Removal - Court application to remove and replace the executor.
Surcharge Claims - Hold executor financially liable for mismanagement.
Injunctions - Prevent further harm or freezing of estate assets.
How We Can Help
At ME Law, we assist beneficiaries, co-executors, and interested parties in protecting estates against negligent or unethical executors. Our services include:
Evidence Review - Evaluating whether misconduct has occurred and to what extent.
Court Applications - Filing for removal or formal supervision of the executor.
Account Review - Analyzing financial records and asset distribution.
Emergency Action - Seeking urgent relief where estate assets are at risk.
Contact Us
Executor misconduct can delay justice and erode the value of an estate. If you suspect mismanagement, contact ME Law for a confidential consultation and immediate action.
Let's talk about your case
- (416) 923-0003
- +1 (800) 891-2897
- intake@melaw.ca
- referral@melaw.ca