The Forced Removal of Executors

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