Removal of a testamentary trustee | ScriptaLegal
Personal Business Packages & Subscriptions
Français About us Create a free account Log in
Interactive legal guides Legal frequently asked questions Legal blog Videos
ONLINE LEGAL DOCUMENTS
Legal blog > Asset protection > Removal of an executor

Removal of an executor

The testator's last wishes are therefore the only keys that definitively open or close the door to contesting a will.

«The best closed door is the one that can be left open»
Proverbe chinois

The administration of a will is often a source of conflicts and, even more so, the choice of liquidators or, in some cases, trustees.

For example, a testator without descendants, well aware of the conflicts within his family, creates a testamentary trust and designates one of his nephews as the trustee.

One month after the testator's death, even though the bequeathed assets have not yet been transferred to the testamentary trust, the beneficiaries ask the trustee to renounce his position. The trustee refuses. The beneficiaries turn to the Court* and request his removal. The beneficiaries argue that they do not trust the trustee "to administer the assets that have been bequeathed to them" and that there is a "serious conflict" between them, a conflict that will necessarily and unquestionably harm the administration of the trust by the appointed trustee.

The Court of Appeal emphasizes that, in order to remove a trustee, one must "prove the existence of serious misconduct that falls upon the trustee as an administrator of someone else's assets" and demonstrate that this removal would better respect the wishes of the testator.

Thus, the Court refuses to remove the trustee because the appointment of the trustee "is the sovereign prerogative" of the testator and one cannot circumvent the testator's wishes. "In matters of will interpretation, the testator's intention must be sought."

The testator's last wishes are therefore the only keys that open or definitively close the door to contesting a will.

*CA Québec 200-09-006032-079

François Forget, notary and legal advisor, along with the entire team at ScriptaLegal, are here to assist you with the preparation of your legal documents and to answer all your legal questions.
The trust, a useful vehicle..
Me François Forget - May 28, 2013
The asset protection trust, both for individuals and creditors, is a useful vehicle subject to strict rules that...
Once the agreement is signed, it becomes less easy to escape one's commitment!
Me François Forget - January 31, 2018
It is common for a couple to draft a written agreement in the event of their divorce.
The amount deposited in trust is separate from the estate and constitutes a separate asset
Me François Forget - January 24, 2006
A sum, deposited in trust, is removed from the estate of the depositor and constitutes a separate estate on which...
This browser does not support this kind of file. Please download the file to view it: Download the file
An error has occurred.