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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2447
Experience:  Over 5 years in practice.
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I want to remove my brother as executor of will for the

Customer Question

I want to remove my brother as executor of will for the reason of neglecting duties , can you write a letter so I can send it off inclusive of which section of the law to quote for the attention of the Judge.I wish to know roughly what it would costs.
Submitted: 4 years ago.
Category: Property Law
Expert:  Alex J. replied 4 years ago.
Hi,
Thank you for your question and welcome to Just Answer.
Is your brother an executor of a relatives estate?
There are four ways to remove a trustee:
1. Exercise of an express power under a trust instrument.
2. Exercise of the power conferred under section 36 of the Trustee Act 1925.
3. Exercise of the court's jurisdiction under section 41 of the Trustee Act 1925.
4. Exercise of the court's inherent jurisdiction.
Ignoring number 4. on the list can you confirm whether there is anything in the will that allows removal expressly?
Kind regards
AJ

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