Removal from office of executor

(1) An executor may at any time be removed from his office-
(a) by the Court-
(b) if he has at any time been a party to an agreement or arrangement whereby he has undertaken that he will, in his capacity as executor, grant or endeavour to grant to, or obtain or endeavour to obtain for any heir, debtor or creditor of the estate, any benefit to which he is not entitled; or

(c) if he has by means of any misrepresentation or any reward or offer of any reward, whether direct or indirect, induced or attempted to induce any person to vote for his recommendation to the Master as executor or to effect or to assist in effecting such recommendation; or

(d) if he has accepted or expressed his willingness to accept from any person any benefit whatsoever in consideration of such person being engaged to perform any work on behalf of the estate; or
 
(e) if for any other reason the Court is satisfied that it is undesirable that he should act as executor of the estate concerned; …”

A court approached with an application seeking the removal of an executor is vested with a discretion, and in the exercise of that discretion the predominant considerations are the interests of the estate and those of the beneficiaries.[2 for further information and legal advice , call Lekgwathi attorneys

REMOVAL OF A TRUSTEE:

Section 20(1) of the Trust Property Control Act enables the court to remove a trustee from office on application by the Master of any interested party. The court has to be satisfied that the requested removal will be in the best interest of the trust and the beneficiaries.