Based on the regularity of cases published in this newspaper it appears the desire to remove a fiduciary and/or challenge the qualifications of a fiduciary is one of the most, if not the most, common subjects of litigation in the Surrogate’s Court. The vast majority of the cases result in the petitioners being denied their request for removal or appointment. Of course the problem is not with the skill and acumen of the members of the New York bar; rather, the problem lies in the necessarily vague terms of the statute governing removal and eligibility to receive letters. This article will address “improvidence” as a ground for denial of letters or removing a fiduciary.
The Surrogate’s Court Procedure Act §711 (8) (SCPA) provides for removal as follows:
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