Can You Remove an Executor from a Will?

If you're facing an uncooperative or dishonest executor, you may be wondering whether a will executor removal court application is possible—and the answer is yes. In Ontario (and across Canada), beneficiaries or interested parties can apply to the court to have an executor removed when they breach their duties, delay administration, or act against the estate’s best interests. Removing an executor is a serious step, but when handled properly, it can protect the estate and ensure fair administration.

1. Legal Grounds for Executor Removal

A will executor removal court application must be supported by strong evidence showing one or more of the following:

• Breach of fiduciary duty
• Conflict of interest (e.g., benefiting personally from estate decisions)
• Neglect or refusal to act
• Failure to keep proper accounts
• Dishonesty, fraud, or mismanagement

Courts do not remove executors lightly. Personal disagreements or dissatisfaction with decisions are not enough—you must show that the executor’s conduct is harming the estate or beneficiaries.

2. Who Can Apply for Removal?

You may be eligible to file a will executor removal court application if you are:

• A beneficiary named in the will
• A dependent entitled to support from the estate
• A co-executor concerned about another’s conduct

An interested party with a legal or financial stake in the estate

3. What Is the Legal Process?

The process includes:

• Consulting an estate litigation lawyer
• Gathering evidence of the executor’s misconduct
• Filing an application to the Superior Court of Justice (Ontario) or the appropriate provincial court
• Naming a replacement executor if needed (either a person named in the will or a court-appointed estate trustee)

In some cases, the court may also order the executor to pass their accounts before deciding on removal.

4. Alternatives to Immediate Removal

In situations where outright removal is not yet justified, the court may:

• Supervise the executor’s actions
• Order them to disclose estate documents
• Require a passing of accounts
• Warn them of legal consequences if misconduct continues

This gives the executor a chance to correct their conduct—but still protects the estate.

Key Takeaway

A will executor removal court application is a powerful legal remedy when an executor is abusing their position or failing in their duties. If your trust has been broken and the estate is at risk, don’t hesitate to explore your legal options. Executors work for the estate—not for themselves. When they forget that, the court can step in.