How to Change – Remove the Executor of a Will

When an individual, known as a testator, makes a Will, they will generally appoint an executor. The executor of the Will has a duty to the testator to carry out the terms and conditions of the will upon the testator’s death.

The executor is responsible for paying any remaining debts you have and for distributing your property to the beneficiaries you name in the Will.

During the life of the testator, they can easily change the executor named in the Will and replace him with another.

After the testator’s death, a court order is required in order to remove and replace the executor with another. This involves fling an appropriate court appreciation / petition with the relevant District Court.

In order to be file such an application, you must be a person with interest in the estate, usually such persons are beneficiaries or creditors. In addition there must be a basis for requesting the removal of the named executor. This basis can be, for example, that it can be shown that the executor is incapable of performing the necessary duties, that they are unsuitable for the position, that the executor is acting dishonestly, taht they are delaying the execution or that they are acting against the interest of the estate.

It should be noted that the executor’s duties are to execute the terms of the Will by acting in good faith and within the best interests of the beneficiaries. This means that if an executor does a poor or careless job of managing the estate, this can be grounds for removal. However, to justify the removal of an executor, the court will usually require that mismanagement is serious and is causing damage o the estate.

Whether you are successful in removing an executor of a Will after the testator’s death will ultimately depend on the specific facts and the discretion of the court.

The above should be used as a source of general information only. It is not intended to give a definitive statement of the law.

How can we help?

Cyprus Will & Probate Services provide advice and assistance on Cyprus Wills and Cyprus Probate Law maters, including:

• Will drafting and registration at the District Court Registrar.
• Administration of estates – Cyprus and multiple jurisdictions
• Advising on Cyprus Wills disputes.
• General advice on all probate matters, including Wills and Cyprus succession law.
• Custody and safekeeping of Wills.
• Drafting Grant of Probate applications and appearing where necessary before the  District Courts.
• Full estate management.
• Probate litigation.

If you require further information relating to the above or with regards to Cyprus wills, succession, inheritance, administration of estates and probate laws in Cyprus contact us using [email protected]