I am co-executor with my younger sister. She is 55% beneficiary and i am 13%. I have no issues with these numbers. Probate was granted 12 months ago. Our late fathers estate is extremely messy as he was an extreme hoarder. It is taking way more time than a usual estate to clean and prepare for sale. We are now in disagreement on some issues and she has legal representation and is asking me to resign as executor or she will have me forcibly removed by the court quoting s34(c)(1). I do not believe that i should be removed or resign. I have read information on grounds for forced removal. My sisters lawyers are accusing me of delaying administration saying that the executor year has elapsed and that i am not meeting my responsibilities as an executor. We are not in disagreement over money but my sister is in a hurry to complete administration. I have worked hard already and am continuing to work for the estate. I do not believe that it is in the best interests of the estate that i resign my position as executor. Whilst i continue to clean and maintain the estate are there sufficient grounds to have me forcibly removed based on the extended time it is taking?
Suzi
Well-Known Member
Having you removed as executor is not that easy. Your sister will have to provide evidence in support of her assertions. Given that it appears that the estate was in a mess and lots of time is required to realise the assets, you may be able to provide the Court with evidence as to why it has taken so long. Has your sister contributed to the clean-up? If not, why not? Has she been trying to push you along to hurry up? If so, why haven't you been able to hurry things along? A Court will look at all of the evidence and is usually reluctant to remove an executor, and also usually quite resistant to allowing an executor to simply resign without good reason. You may be better off having a chat with yours sister, although if she has engaged solicitors, I suspect the relationship may have broken down somewhat. Oh and btw, she ought to be paying her own legal fees, not expecting the estate to pay for them.
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