The law is the following:
- The Superior Court of Justice has inherent jurisdiction to remove trustees.
- The choice of the estate trustee is not be interfered with lightly.
- Removing an executor should only occur on the clearest cases and where there is no other realistic alternative.
- Anyone who has a financial interest in the estate may apply to remove an executor. The court’s main guide in deciding whether or not to remove an executor is the welfare of the beneficiaries.
- The parties seeking to remove an executor must show that failing to remove a complaint of executor will likely prevent the terms of the Will from being properly carried out. Removing an executor is not meant to be a punishment for past misconduct.
- Fighting or friction between the parties is not a reason alone for removal.
See Ford Kramer v. Mazman – Justice Casullo