How do you remove an executor, trustee, or administrator of an estate?

If you appointed someone to be the executor of your estate in Western Australia, but they are not performing their duties properly, you may want to remove them. The first step is to file a passing over application with the Supreme Court. This application must state why you want the executor to be removed, as well as any supporting evidence. Once the application is filed, the court will decide whether or not to grant it. If the Passing Over is granted, the executor will be removed from their position and someone else will be appointed in their place. However, if the Passing Over is denied, the executor will remain in their position.

Another way to remove an executor is to prove that they have breached their fiduciary duty to the beneficiaries of the estate. This can be done by showing that they have neglected their duties, mismanaged estate assets, or engaged in fraudulent or criminal activity. If you can prove that the executor has breached their duty of care, you can file a court application to have them removed from their position.

It is important to note that removing an executor is a complex legal process. If you are considering removing an executor from your estate, it is best to speak with a lawyer beforehand. They can provide guidance on the best course of action for your specific situation.