Saturday, October 27, 2012

Ministry of Justice Issues Clarification of Process for Replacing an Executor

The Ministry of Justice has issued the following "Clarification of process for legal counsel with respect to replacing an executor":

Where the court orders that one executor is replaced by or substituted for another, the order should also state:
1.       That the grant with the name of the old executor be revoked; 
2.      That the grant be reissued with the name of the new executor; 
3.      That the old grant and any certified copies of the old grant in the possession of the former executor be returned to the probate registry within X days (such amount of time as counsel believes reasonable).
If the order does not state that the old grant is to be revoked and reissued the original grant would still be in circulation, apparently valid and potentially relied upon by third parties. Therefore, as a matter of practice, the registry will not issue a new grant without counsel obtaining an order revoking the original grant.

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