Once probate has been granted by the Supreme Court of New South Wales, an executor will not be able to renounce their position or delegate their duties to another person. However, an executor may appoint the NSW Trustee and Guardian or a trustee company to be executor in their place.
There are certain situations where an executor may be removed after probate has been granted. In order to remove an executor in such circumstances, an application must be made to the Court to revoke the grant of probate.
A Court will revoke a grant of probate where the due and proper administration of an estate has been prevented or jeopardised because of the incapacity or misconduct of the executor. A Court may remove an executor when:
- the sole executor is in prison;
- the executor is absent abroad;
- the executor has disappeared;
- the executor is not competent to take probate;
- the executor has neglected their duties;
- the executor is of unsound mind or suffering from ill-health;
- the executor has failed to take any steps to obtain probate.
If you require any further information on how to remove an executor after probate has been granted, please contact our team of lawyers at The Quinn Group on (02) 9223 9166 or submit an online enquiry form today.