Can an Executor be Removed?
Can an executor be removed? An executor can be removed from a will in the UK, but the process depends on whether they've already started working on the estate or if they've decided to resign. If an executor has already started their duties, a formal court application is required.
To find out more about how to remove an executor from a will and the grounds for doing so, continue reading.
What is an Executor?
An executor is an individual named in a will who manages a deceased person's estate.
Their main responsibilities include protecting assets, paying outstanding debts or taxes, and distributing the property to named beneficiaries in line with the instructions in the will. In most cases, executors are spouses, adult children (over 18), or close friends. While beneficiaries can also act as executors, they can't witness the signing of the will.
Alternatively, people can choose a professional solicitor or accountant as an executor, which can help avoid a loved one having to manage complicated legal and financial paperwork.
Can an Executor be Removed from a Will in the UK?
An executor can be removed from a will in the UK.
However, the process can be complex, often requiring a court order, a voluntary resignation before work starts, or an agreement among parties involved.
We understand how challenging removing an executor of a will can be, especially after losing a loved one. But luckily, the process can be relatively streamlined if duties have yet to begin and you have proof to present to the court as evidence of your reasoning.
Grounds for Removal of an Executor
If you wish to remove an executor of a will, you need valid legal grounds, which commonly range from misconduct to a breakdown of relations.
Misconduct and Fraud
Misconduct and fraud are some of the most serious grounds for the removal of an executor. Stealing funds, fraud, dishonesty, and using the estate for personal gain are just a few examples of reasons for removal.
Unreasonable Delay
Generally, executors are allowed a reasonable time of 6 to 12 months after the deceased's death to administer an estate — but more complex cases can take longer.
However, if you have evidence to prove an executor is purposely leaving the estate untouched or delaying the administration from moving forward, you may be able to apply for their removal.
Incapacity
An executor can be removed if they become physically or mentally unwell, preventing them from carrying out their duties. Incapacity isn't necessarily about an executor doing anything wrong, but rather about ensuring someone can complete their responsibilities without limitations.
Conflict of Interest
If an executor’s personal interests conflict with their duty to act in the estate's best interests, an application for their removal may be possible. However, there must be more than a one-off disagreement, and the conflict should be serious enough to affect the administration of the estate as a whole or at least put beneficiaries at risk.
An example of a conflict of interest could be when an executor tries to buy a property from the estate without following the rules, which ultimately affects other parties.
Breakdown in Relations
Personal dislike, family tension, or general disagreement with an executor doesn't typically justify removal. A breakdown in relations must cause genuine damage to the administration process, not just make it uncomfortable for certain individuals.
Let’s look at a quick summary of how likely each ground is to succeed:
| Grounds | Likely to Succeed | Why? |
|---|---|---|
| Misconduct and Fraud | Yes | Serious dishonesty or breach of duty usually justifies removal |
| Unreasonable Delay | Sometimes | Depends on whether the delay is actually unreasonable |
| Incapacity | Yes | An executor who cannot do the job is usually no longer suitable |
| Conflict of Interest | Sometimes | Depends if it’s serious enough to affect the estate |
| Breakdown in Relations | Sometimes | Depends if it stops proper administration |
There are several reasons why an executor may resign:
- Simply no longer wishing to act as an executor
- A change in circumstances, such as starting a new job or relocating abroad
- The role being more complex than expected, or the estate being too large to manage
- Ill health or old age affecting their ability to carry out the duties
- A conflict of interest arising
- Friction or disputes making it difficult to carry out their duties or communicate
If an executor has already started estate administration, the process isn’t as straightforward.
Typically, executors need the court's permission to step down if they’ve already started their duties. If they refuse to resign voluntarily and their actions are causing issues, the beneficiaries or other interested parties may need to apply to the court for removal.
How to Remove an Executor from a Will
If you wish to remove an executor from a will, you must follow a few essential steps for the best chance to succeed.
Step 1: Gather Evidence and Seek Legal Advice
You can't file anything without solid paperwork, and weak evidence could cause your application to fail.
You'll need:
- Grant of Probate or Letters of Administration to show the executors' authority
- A written statement of your reasons for removal, including what has gone wrong
- An inventory of the estate's assets and named beneficiaries
- Written consent from a replacement executor who's ready to step in
- Witness statements from beneficiaries or other parties who can support your reasoning for removal
Before starting the process, we advise seeking legal advice from a solicitor. Removal applications are legally and factually complex, and making mistakes, such as providing weak evidence or missing a key document, may cost more time and money.
Step 2: Attempt to Resolve Without Court
Ideally, the court should be the last resort.
You should attempt to resolve issues with the executor by writing to them and giving them a fair chance to respond or change their actions. Many disputes are resolved at this stage once the executor realises beneficiaries are serious about removal.
Step 3: File the Petition with the Court
If a resolution can't be made without the court, you can file a petition and start a legal case with the High Court under Section 50 of the Administration of Justice Act 1985.
The petition must explain the reasons for removal and be backed by evidence and documents discussed in step one. If the matter goes to court, there is usually a court fee to pay, and your solicitor will normally handle the process on your behalf due to how complex it can be.
Step 4: Serve the Petition
Serving the petition means formally delivering the legal papers to the executor to make them aware of the claim against them.
The executor has the legal right to respond and defend themselves if they believe the removal application is unfair or unnecessary. During this stage, an executor may decide to step down voluntarily or contest the application when it proceeds to a hearing.
Step 5: Attend the Hearing and Receive the Court's Decision
If the executor contests the application, you must attend the hearing and receive the court's decision. This typically involves listening to both sides present evidence and waiting for the judge to decide whether to remove the executor.
The outcome presents two scenarios:
- If removal is granted: The court appoints a replacement
- If removal isn't granted: The executor remains in place
Please note that costs vary depending on the outcome.
How We Can Help
Can an executor be removed in your specific situation? Our experienced contentious probate solicitors can help you find out. At Bell Lamb & Joynson, we have a specialist team to handle legal disagreements, including executor removal and court claims.
We assist in building your case by assessing legal grounds, securing evidence, and collecting witness statements from beneficiaries or professionals to document the executors' failures. Additionally, we handle both out-of-court resolutions and court applications on your behalf, in the best interests of the estate.
To speak with our team of contentious probate solicitors, please contact us today.
FAQs
How much does it cost to have an executor removed?
The cost to remove an executor varies depending on the complexity of the case. You may be required to pay court fees and legal costs if you use a solicitor, with more straightforward cases generally costing less than disputed ones.
Be aware that if you apply to remove an executor but the court decides you don’t have solid grounds, you could be ordered to pay the executor's legal costs on top of your own. This is why gathering strong evidence and seeking legal advice is so important, rather than making a weak court application.
Can I remove an executor before death?
No, you cannot remove or change an executor while the person who made the will is still alive. Only the person who made the will, known as the testator, can change their executor if they have mental capacity.
Can an executor be removed if they’re also a beneficiary?
Yes, an executor can be removed if they're also a beneficiary. Being a beneficiary doesn't prevent someone from removing their role as an executor if there are solid legal grounds.
Who administers the estate once an executor is removed?
The court will likely appoint a replacement executor or administrator to continue managing the deceased's estate once an executor is removed. This is to ensure that it's still distributed properly.
Is a solicitor legally required to help remove an executor?
No, a solicitor is not legally required to help remove an executor, but it's highly advisable. Solicitors handle the sometimes complex legal process, helping you prepare the application and guiding you through the court proceedings with trusted advice.