The Forced Removal of Executors
Matthew Groves
Monash University - Faculty of Law
June 17, 2009
Monash University Faculty of Law Legal Studies Research Paper No. 2007/46
81(6) Law Institute Journal 56
Abstract:
The power to choose an executor is an important element of testamentary freedom and there is strong authority that courts will not easily set aside the choice of executor of a deceased person. But it is equally clear that the courts may do so when it is in the best interests of the beneficiaries of the estate and the preservation of their interests.
The important question in such cases is whether the conduct of an executor warrants his or her removal to protect the interests of the beneficiaries and estate.
Reproduced with permission of the Law Institute Journal
The important question in such cases is whether the conduct of an executor warrants his or her removal to protect the interests of the beneficiaries and estate.
Reproduced with permission of the Law Institute Journal
Number of Pages in PDF File: 5
Keywords: Removal of executors, benficiaries, estate, deceased person
JEL Classification: K00, K4, K39, K40, K42, K49
Accepted Paper SeriesDate posted: June 17, 2009
Suggested Citation
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