In a previous post, we discussed the circumstances under which an executor appointed by will can be dismissed. This article goes further into the nuances of this process and discusses a recent court ruling that focused on the dismissal of an executor.

An executor has a responsible role in settling an estate. This task includes managing assets, satisfying debts and carrying out the deceased's last wishes. However, sometimes disagreements may arise between the executor and the heirs, leading to a request for the executor's dismissal. In some cases, mediation can help restore the relationship, but in more serious cases, judicial intervention is necessary.

Judicial intervention: weighty reasons for dismissal

When an interested party, such as an heir, makes a request to dismiss an executor, the request must be based on ‘weighty reasons’. This means that there must be serious and demonstrable grounds that undermine trust in the executor. In practice, such reasons are tested by the court based on the specific circumstances of the case.

Case study: ‘s-Hertogenbosch court of appeal, 30 May 2024

A recent example of such a situation is a case decided by the ‘s-Hertogenbosch Court of Appeal on 30 May 2024 (ECLI:NL:GHSHE:2024:1824). In this case, the executor, was accused by some heirs of not performing his duties properly. The main points of criticism were:

• Placement of estate funds: The executor had placed estate funds in his private account instead of in a separate inheritance account, which led to distrust among the other heirs.
• Provision of information: Disagreement arose over how the executor informed the heirs about the progress of settling the estate. Several heirs felt left out and not adequately informed.
• Legal proceedings in Turkey: There were ongoing proceedings in Turkey regarding matrimonial property rights between the deceased testator and his spouse. This complicating factor was not adequately recognised by executor, which complicated the settlement of the estate.
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Court ruling

The court concluded that there were indeed compelling reasons to dismiss the executor appointed by will. The court found that the mutual relations between the heirs had deteriorated to such an extent that a proper and prosperous settlement of the estate was compromised. In addition, the executor had failed to carefully manage the estate, in particular by failing to separate private and estate funds and by insufficiently involving the heirs in the process.

The court therefore upheld the decision of the subdistrict court, which had previously decided to dismiss the executor and appoint an external, independent, executor. This ruling highlights the importance of transparency and diligence in the role of executor.

Legal advice: be prepared

Firing an executor is not a light step and should be carefully considered. The valuation of ‘weighty reasons’ to be invoked is very casuistic and always depends on the circumstances of the case. Heirs considering a request for dismissal would do well to seek legal advice from a specialised inheritance law lawyer. The latter can help gather the necessary evidence and formulate a strong case.

In addition, it is essential for executors to perform their duties with the utmost care and ensure open and transparent communication with all parties involved. Failure to fulfil these responsibilities can lead to serious consequences, such as dismissal by the court, as illustrated in the case discussed above.

Do you have questions about the dismissal of an executor or need legal advice? Then contact Ms Angelique van den Eshoff of SPEE lawyers & mediation. As an experienced inheritance lawyer and estate mediator, she can assist you with complex inheritance law issues and help you take the right steps in the interests of a fair settlement of the estate.