Is it possible to remove an Executor?

Probate can be a complicated and time-consuming process, meaning that disputes and disagreements between executors and beneficiaries are inevitable in some cases. An executor is an individual appointed by a testator to carry out the terms of their will. An administrator is someone appointed to administer the estate, following the receipt of Letters of Administration, where there is no Will in place. When appointing an executor in a Will, the testator does not need to obtain the consent of the executor. 

The role of executor involves several common law and statutory duties which must be abided by. The most pertinent being that they must always act in the best interest of the estate. As such, if an executor does not wish to take on the role, they can renounce their executorship through a Deed of Renunciation. This is on the condition that they have not already ‘intermeddled’ in the estate, meaning that they have not taken any action to begin dealing with administering the estate.

Where an executor has not renounced, and issues still remain between parties or with the executor’s conduct, it is possible to apply to have the executor removed under Section 50 of the Administration of Justice Act 1985. This application can be made by a beneficiary in the estate or a co-executor. The courts hold the power to terminate the appointment of an executor and may appoint an alternative administrator of the estate in their place. That said, the Courts do not take this lightly and are usually reluctant to remove executors. Where possible, the Court prefer to honour the wishes of the testator in appointing their chosen executors. 

Therefore, it is always best to consult a solicitor specialising in contentious probate matters before pursuing or considering any court applications. A qualified solicitor or counsel will be able to advise as to the merits of your claim.

In the first instance, it is advisable to write to the executor(s), clearly setting out concerns you have regarding their conduct, duties and the estate administration. It is always preferable to negotiate and address any issues outside of Court.   A solicitor can often facilitate negotiating an agreement between parties in dispute. 

Depending on what stage the estate administration is in, it may be advisable to request an interim estate account and inventory in accordance with s.25 of the Administration of Estates Act 1925. Executors are required to keep beneficiaries ‘reasonably informed’ regarding the estate administration, and should they refuse to provide such information, it is possible to make a Court application to require them to do so. 

As mentioned, the courts are disinclined to remove executors . As, such it is difficult to predict the success of a court application. The following factors will usually be taken into account:

Are they fit to perform the executor duties?

Mental or physical impairments or illnesses (temporary or permanent) will be considered by the Court. 

Has there been any serious wrongdoing or misconduct from the executor? 

This amounts to fraudulent behaviour, or a criminal charge or conviction. 

Is the grievance or disagreement largely due to a breakdown in relations?

The courts are unlikely to order the removal of an executor purely based on personal disagreements. 

Who is able to replace them?

The court will consider any testimonies/witness statements from professionals willing to act as an independent administrator, as well as any family members or relatives who may be suitable to step in. 

How can we help?

If you find yourself in need of legal advice following the death of a loved one, and believe you may have a claim against their estate, our experts will be able to advise and guide you through the process. 

Get in touch with our specialist contentious probate solicitors today. Contact our team by telephone on 0116 247 2000, complete our contact form, or send us an email via info@smithpartnership.co.uk. 

We also have offices across the East Midlands and Staffordshire with contentious probate solicitors, in Burton, Derby, Stoke-On-Trent and Swadlincote.