If an executor is unwilling or unable to perform their duties, there are a few potential courses of action in Malaysia:
1. Resignation
The executor can voluntarily resign from their role by submitting a formal resignation letter to the court or the beneficiaries. It is important to follow the legal procedures and notify all relevant parties. In such cases, it may be necessary to appoint a replacement executor.
2. Removal by court order
If the executor is unwilling or unable to fulfill their duties and their continued presence is detrimental to the estate or the beneficiaries, interested parties can apply to the court to have the executor removed. Valid reasons for removal may include incompetence, misconduct, or a conflict of interest. The court will review the evidence and decide whether to grant the removal order.
3. Appointment of a substitute executor
If the appointed executor is unable or unwilling to act, and there is a substitute executor named in the Will, the substitute executor can step in to take over the role. If there is no substitute executor specified in the Will, interested parties can apply to the court to be appointed as an administrator.