Yes, an executor can be removed or replaced under certain circumstances in Malaysia. The removal or replacement of an executor typically requires a court order and should be based on valid grounds. Here are some common reasons for removing or replacing an executor:
1. Incompetence or misconduct
If the executor fails to fulfill their duties, acts negligently, or engages in misconduct that harms the estate or beneficiaries, they may be subject to removal. This could include mismanaging assets, misappropriating funds, or failing to carry out their responsibilities properly.
2. Conflict of interest
If the executor has a conflict of interest that interferes with their ability to act impartially, such as if they stand to benefit personally from the estate in a manner inconsistent with the Will, a court may consider removing or replacing them.
3. Lack of capacity
If the executor becomes mentally or physically incapacitated, rendering them unable to carry out their duties, they may be replaced.
4. Resignation or refusal to act
If the appointed executor voluntarily resigns or declines to act as the executor, the court may appoint a replacement executor to ensure the administration of the estate proceeds smoothly.
The process of removing or replacing an executor typically involves filing an application with the court and presenting evidence to support the request. Note that the court’s decision to remove or replace an executor will be based on the specific circumstances and the best interests of the estate and beneficiaries.