Removing an Executor of a Will in Singapore: Rights of Beneficiaries and Legal Options
When a loved one passes away, the executor of their will plays a crucial role in ensuring the estate is properly administered. Executors must act in good faith, manage the estate competently, and distribute assets according to the will.
But what happens if an executor fails in their duties, causes delays, or acts against the beneficiaries’ interests? In Singapore, beneficiaries can take steps to remove an executor and appoint a replacement. This article explains the role of executors, common problems, and the process for removing or replacing an executor under Singapore law.
What is an Executor?
An executor is the person appointed in a will to administer the estate of the deceased. Their key responsibilities include:
- Applying to the Family Justice Courts for a Grant of Probate
- Collecting and safeguarding assets (bank accounts, property, CPF nominations, investments)
- Paying off debts, taxes, and funeral expenses
- Distributing assets to the beneficiaries as directed in the will
- Keeping proper records and acting in the best interests of beneficiaries
Executors must act diligently and with integrity. If they fail to do so, the beneficiaries may suffer financial loss or prolonged delays in receiving their inheritance.
When Might an Executor Be Removed?
While most executors carry out their duties responsibly, problems sometimes arise. Situations that may justify removal include:
1. Inaction or Delay
- Failing to apply for a Grant of Probate within a reasonable time (usually within 6 months).
- Prolonged failure to collect assets or distribute them.
2. Mismanagement of Assets
- Selling property below market value.
- Poor record-keeping or lack of transparency.
- Commingling estate assets with personal funds.
3. Conflict of Interest
- Acting for personal gain at the expense of beneficiaries.
- Withholding information or favouring certain beneficiaries.
4. Incapacity or Unsuitability
- Loss of mental capacity, illness, or unwillingness to act.
- Executor living overseas and unable to fulfil duties effectively.
5. Breach of Duty
- Refusing to account to beneficiaries.
- Misusing estate funds.
- Conduct that suggests dishonesty or bad faith.
Legal Grounds for Removal of an Executor in Singapore
Under the Probate and Administration Act, the Family Justice Courts have discretion to remove or replace an executor if it is in the best interests of the estate and beneficiaries.
Common grounds include:
- No application for a Grant of Probate made within 6 months of death
- Executor neglects or refuses to proceed with probate after being appointed
- Executor is unable, unwilling, or unsuitable to act
- Misconduct, mismanagement, or breach of fiduciary duty
In such cases, beneficiaries (or other interested parties) may apply to court to have the executor removed and another person appointed.
What Happens After Removal?
If the court removes an executor, it may:
- Appoint a substitute executor (if one is named in the will), or
- Appoint an administrator (usually a beneficiary or next-of-kin) through a Grant of Letters of Administration with Will annexed.
This ensures that estate administration can continue smoothly and beneficiaries are protected.
Disputes Between Executors and Beneficiaries
Disagreements are common in estate matters, especially when family dynamics are strained. Common disputes include:
- Beneficiaries alleging the executor is favouring certain parties
- Executors withholding information or refusing to provide accounts
- Co-executors clashing on how to manage assets
Beneficiaries can protect their interests by:
- Seeking legal advice early
- Requesting formal estate accounts
- Filing a caveat to prevent probate from being granted without notice
- Applying to court to remove or replace the executor if necessary
Practical Steps for Beneficiaries
If you believe an executor is not acting in the estate’s best interests, here are practical steps to consider:
- Raise Concerns Directly – Communicate with the executor and request updates or accounts.
- Seek Mediation – Sometimes disputes can be resolved through dialogue with legal guidance.
- File a Caveat – To prevent probate being granted until your concerns are heard.
- Apply to Court – If serious misconduct or delay exists, apply for removal or substitution.
Why Engage a Probate Lawyer?
Executor disputes are complex and emotionally charged. Beneficiaries often feel powerless when delays or misconduct occur. A probate lawyer can:
- Advise you on whether the executor is in breach of duty
- Guide you on legal remedies, including caveats and court applications
- Protect your rights as a beneficiary
- Act as a neutral adviser to prevent unnecessary family conflict
Contact PKWA Law today
Executors have serious responsibilities, and beneficiaries have the right to expect competent and honest administration of an estate. If an executor fails in their duties, Singapore law provides avenues for their removal to safeguard the estate and beneficiaries.
At PKWA Law, our probate lawyers have over 30 years of experience advising on wills, probate, and estate disputes. If you are facing concerns about an executor, we offer clear, practical advice to help you protect your inheritance.
Contact us today if you are considering making an application to the court to remove executors from a will or contest a will.
