Appointing an executor in a Will is an important decision. Executors are entrusted to carry out the wishes of the deceased, manage the estate, pay debts, and distribute assets to beneficiaries. However, circumstances can sometimes arise where an executor fails to perform their duties adequately—or is no longer suitable to act.
At Blackstone Solicitors, we frequently assist clients across England and Wales in resolving disputes involving executors and, when necessary, in pursuing legal steps to remove them. This article explores the grounds for removal, legal procedures involved, and the rights of beneficiaries and interested parties.
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For a free initial discussion on how we can help you deal with the legal implications of probate and administration of an estate, get in touch with us today. We are also experienced in dealing with all aspects of Wills and Probate and we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
What Is an Executor?
An executor is a person named in a Will to administer the deceased’s estate. Their responsibilities typically include:
- Applying for probate
- Identifying and safeguarding estate assets
- Settling debts and tax liabilities
- Distributing assets to beneficiaries in accordance with the Will
- Preparing estate accounts
Executors have a fiduciary duty to act in the best interests of the estate and its beneficiaries. However, issues may arise when an executor is unwilling to act, is incapable, or is failing in their duties.
Why Might You Want to Remove an Executor?
Removal of an executor is not undertaken lightly and requires compelling justification. Common reasons include:
- Incapacity or Illness
An executor may suffer from physical or mental illness rendering them unable to carry out their duties effectively. This can cause unnecessary delay or financial mismanagement.
- Misconduct or Breach of Duty
Executors may act improperly or negligently, such as:
- Withholding information from beneficiaries
- Misappropriating or mismanaging estate funds
- Failing to maintain records or prepare accounts
- Making unauthorised payments
- Ignoring the terms of the Will
Such actions may amount to a breach of fiduciary duty and justify legal intervention.
- Conflict of Interest
An executor may be involved in personal disputes with beneficiaries or have a financial interest in the estate that affects their impartiality.
- Inaction or Unreasonable Delay
Failure to apply for probate or distribute the estate within a reasonable period (often referred to as the Executor’s Year) may warrant removal, particularly where beneficiaries suffer financial harm.
- Unsuitability or Change in Circumstances
An executor may have relocated abroad, become uncontactable, or show unwillingness to fulfil their obligations.
Legal Grounds for Removal
In England and Wales, the court has authority to remove or replace an executor under:
- Section 50 of the Administration of Justice Act 1985
This provision allows the court to appoint a substitute executor or administrator if it is expedient to do so. Grounds may include misconduct, conflict of interest or incapacity.
- Section 116 of the Senior Courts Act 1981
This section gives the court discretion to pass over a person entitled to act as executor if deemed unfit or incapable, even before a grant of probate is issued.
Both provisions enable the court to protect beneficiaries and ensure the estate is administered lawfully and efficiently.
Who Can Apply for Removal?
Applications can be made by:
- Beneficiaries under the Will
- Other executors (in cases of disagreement)
- Persons with an interest in the estate
- Creditors of the estate
The applicant must provide evidence of the executor’s unsuitability or failure to act, and persuade the court that removal is justified in the interests of justice and estate administration.
Evidence Required
Applicants must prepare thorough documentation to support their case. This may include:
- Letters or correspondence showing delay or refusal to act
- Bank statements or financial records showing mismanagement
- Medical reports (where incapacity is claimed)
- Copies of the Will and probate documents
- Witness statements from beneficiaries or solicitors
Professional legal advice is essential to ensure the claim is properly presented.
Procedure for Removal
The process of removing an executor involves several steps:
- Initial Assessment
Legal advisers will assess the facts, review the Will, and determine if removal is likely to succeed. They may also advise on alternative remedies such as requesting an inventory, obtaining estate accounts, or mediation.
- Letter Before Action
A formal letter may be sent to the executor outlining concerns and requesting action. This may prompt compliance without court involvement.
- Court Application
If necessary, an application is made to the High Court under Section 50 or Section 116, accompanied by supporting documentation.
- Court Hearing
The court will consider the evidence, assess whether removal is justified, and may:
- Remove the existing executor
- Appoint a new executor or administrator
- Provide directions for estate administration
Costs may be awarded depending on the conduct of the parties.
Alternatives to Court Action
In some cases, disputes can be resolved without formal removal:
- Renunciation: The executor may voluntarily step down before probate is granted by completing a Form PA15.
- Resignation: Once probate is granted, the executor cannot resign unilaterally but may seek court permission.
- Mediation: A neutral mediator may assist parties in resolving concerns and agreeing a way forward.
- Agreement to Act Jointly: Parties may agree to appoint additional executors to ensure balance and impartiality.
Solicitors can help negotiate practical solutions that preserve relationships and avoid litigation.
Important Considerations
- Removing an executor is a serious step—courts require strong justification.
- Disapproval of decisions alone is not enough; misconduct, incapacity or delay must be evidenced.
- Court costs can be significant and may be paid from the estate or personally, depending on outcome.
- Claims must be brought promptly—undue delay can weaken the applicant’s position.
- If successful, new executors must be willing and suitable to act.
How Blackstone Solicitors Can Help
At Blackstone Solicitors, we offer specialist advice on:
- Assessing the suitability of executors
- Advising beneficiaries on their rights
- Preparing and submitting court applications
- Negotiating with executors or their solicitors
- Managing complex or contested estates
- Representing clients at court hearings
Our team provides strategic, compassionate, and pragmatic support to ensure estates are managed lawfully and beneficiaries are treated fairly.
Final Thoughts
Executors hold a position of trust and power—but when that trust is broken or the estate suffers due to delay or misconduct, legal steps may be necessary. Removing an executor is a remedy available to beneficiaries and interested parties, but it requires careful preparation, sound legal reasoning and professional support.
At Blackstone Solicitors, we stand ready to guide clients through this challenging process—protecting estates, resolving disputes, and ensuring that justice is served in accordance with the wishes of the deceased.
How to Contact Our Wills and Probate Solicitors
It is important for you to be well informed about the issues and possible implications of removing an executor. However, expert legal support is crucial in terms of ensuring your wishes are met as you would want them to be.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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