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In the first instance you should write to the executor to ask them to provide you with an account of the administration of the estate. If you are not satisified by what you received in reply then you the beneficiary (ie. the heir) may apply to the Court to remove the executor and replace him.
The Courts require serious misbehaviour to be proved to remove an executor and one of the following:-
- The Executor is incapable of fullfilling their duties
- The Executor is unsuitable for the position.
- The Executor has been convicted of a crime and sent to jail
Unsuitability would include stealing from the estate, a failure to keep accounting records, failing to obey a Court Order and wasting the estate of managing it poorly.
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