Challenge the inappropriate conduct of a trustee or executor: trustees and executors have an obligation to the will-maker to refrain from abusing their position of power. An application may be made to the Court, on behalf of the will-maker, if this trust has been breached, to remedy the situation. For example, if an executor has not followed the terms of the Will or is misappropriating the assets for their own benefit. Executors or trustees can be removed by the court if they are deemed to be unfit for their position. Information regarding the removal of executors and trustees can be found in section 142 of the Wills, Estates and Succession Act and section 30 of the Trustee Act.
Disputes between trustees: often, will-makers will designate more than one individual to be the Executor of their estate. They may also require the executors to make decisions unanimously. When executors disagree on the appropriate course of action, an application to the court may be necessary to resolve the dispute. A lawyer can help you understand your responsibilities and potential liabilities as an executor or trustee.