Can a co-executor be removed from the role of executor if the executor and beneficiary are at odds?
British Columbia, Canada
The following excerpt is from Nieweler Estate (Re), 2019 BCSC 401 (CanLII):
Animosity between the executor and a beneficiary alone is not on its own sufficient to warrant removal of an executor: Letterstedt v. Broers (1884), 9 A.C. 371 at 389 (P.C.); see also 385–6. However, animosity between co-executors can be relevant to whether it is reasonable to expect they can work effectively and efficiently together to carry out their duties. Thus, in Levi-Bandel v. McKeen, 2011 BCSC 247, Mr. Justice Butler removed a co-executrix to address paralysis arising from difficulties between co-executors:
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