Removing an Executor: When and How Can It Be Done?
Bereavement has a way of bringing emotions to the surface, and even the closest families can find themselves at odds after a loved one’s death. If concerns arise about the way an estate is being handled, beneficiaries may wonder whether anything can be done. In this article, we look at the circumstances in which an executor can be removed and the legal options available.
Being appointed as an executor is an important responsibility. Executors are responsible for collecting estate assets, paying debts and distributing the estate in accordance with the deceased’s wishes. While the person making the Will has chosen who should act, there are circumstances where an executor can be removed if they are unable or unwilling to carry out their duties properly.
Beneficiaries can’t remove an executor simply because they disagree with their decisions or don’t get on with them.
An executor may be removed either before or after a Grant of Probate has been obtained, although the procedure differs depending on the stage of the administration. The court will intervene only where there is evidence that the administration of the estate is being prejudiced or placed at risk. A simple disagreement between beneficiaries and an executor will not usually be enough.
Common reasons for seeking the removal of an executor include:
If in doubt as to applicable reasons to seek removal of an executor, please contact the Disputes team, who will be happy to help you understand the position and advise on the most appropriate next steps.
An executor who doesn’t wish to act can formally step down by renouncing their appointment. If there are compelling reasons to do so, the court may also ‘pass over’ an executor and appoint another suitable person to administer the estate. Where an executor refuses to progress the estate but will not step aside, it may be possible to require them to decide whether they intend to act or renounce their role.
Once a Grant of Probate has been issued, the court has the power to remove an executor and appoint a replacement under section 50 of the Administration of Justice Act 1985. The court is not concerned with whether an executor is well-liked, but with whether they are preventing the estate from being administered properly. If that is the case, the court may appoint an independent professional or another suitable person to take over.
An application must be made to the court, supported by evidence of the executor’s conduct. This may include correspondence, estate accounts, financial records and witness evidence. As these applications can be complex and costly, it is often sensible to seek specialist legal advice before taking formal action. Our Disputes team will be able to advise and assist you with this process.
Disputes involving executors can be emotionally and financially challenging, particularly where family relationships have broken down. Most executors carry out their duties diligently and without issue, but executor disputes are becoming increasingly common, particularly where family relationships are strained or where substantial assets are involved. Delays, lack of transparency and allegations of unfairness can quickly lead to mistrust.
Where an executor’s conduct is putting the administration of an estate at risk, the law provides mechanisms for their removal. Seeking legal advice at an early stage can often help clarify whether there is a genuine issue and may prevent a disagreement from developing into lengthy and costly litigation.
Our contentious probate specialists advise beneficiaries, executors and family members on executor disputes, estate administration issues and applications to remove or replace executors. If you are concerned about the conduct of an executor, please contact us for advice at the earliest possible stage.
