14 July 2017
Executors - One wishes to discontinue
Dear Mentor,
If two executors have obtained the grant of probate, what is the process to have one executor removed from the grant if both executors agree that it is for the best for one to continue to administration? For example, if the executor becomes unwell or intends to travel overseas for an extended period.
Thank you for any comments you can offer.
Kind regards
Thanks for the question.
Below are extracts from our Estates publication:
Once appointed an executor cannot usually resign or retire; however see section 34 [ of the Administration and Probate Act 1954 ] Discharge or removal of executor or administrator …
Where a grant is made to several executors their authority is joint and several. For the sale, lease or mortgage of real property and the bringing or defending of actions the executors must act jointly. In exercising all other duties any one of the executors may represent the deceased and the actions of one will bind the others.
Regards
Mentor
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