Losing a loved one is hard enough without having to worry about how their estate is being handled. Unfortunately, concerns about an executor’s conduct are not uncommon, and one of the questions we are often asked is whether an executor can simply be removed.
In short, yes, but only in certain circumstances. In this blog, our contentious probate team explains when an executor or administrator (also known as personal representatives) removal is possible, what the process involves, and what to do if you are worried about the way an estate is being handled.
What are an Executor’s Responsibilities?
An executor’s role is to collect the deceased’s assets, settle any debts and liabilities, deal with any tax obligations, and distribute the estate to the correct beneficiaries in accordance with the Will. Read our previous guides, the steps involved in probate and selling a probate property, for more detailed information.
These duties must be carried out within a reasonable timeframe and handled correctly. Where an administrator is appointed instead (because there is no valid Will, or no valid executor able to act), the same duties and standards apply.
In most cases, executors carry out their role conscientiously, even though it can be a significant undertaking, particularly where the estate is complex. Disputes tend to arise when an executor falls short of these duties, whether through inexperience, poor communication or, in rarer cases, deliberate misconduct.
Is Disagreeing with an Executor Enough to Have Them Removed?
No, a basic disagreement with an executor is not enough on its own. It is important to understand that simply disagreeing with an executor’s decisions, finding them slow to respond, or feeling frustrated by the process is unlikely to be enough on its own to justify removal from their role. The court typically takes the view that executors are entitled to exercise reasonable judgement, and minor disagreements are not a sufficient basis for such a serious step.
For an application to remove a personal representative to succeed, there generally needs to be a clear and compelling reason, such as:
- The executor is disqualified from acting, for example, due to bankruptcy or a loss of mental capacity
- The executor is incapable of properly carrying out their duties
- There is evidence of dishonesty, misconduct or a serious breach of duty
- There has been such a complete breakdown in the relationship between the executor and beneficiaries that the estate cannot be administered effectively
Read some of our related articles regarding disputes over a Will:
Disputing an Estate for Lack of Financial Provision – Inheritance Act Claims
Contesting a Will – Grounds to Challenge a Will & Legal Options Explained
What Should I Do If I Have Concerns About an Executor?
If you genuinely believe an executor is not performing their duties correctly, the first step is usually to raise it with them directly, either yourself or through a solicitor. Many issues stem from a simple lack of communication or an executor who is unfamiliar with the process, and these can often be resolved without formal action.
The next reasonable step can also involve requesting formal estate accounts, which give beneficiaries visibility over what has been collected, what has been paid out, and what remains to be distributed.
If the accounts raise further questions or if an executor refuses to provide them, this may point towards a more serious problem. Where concerns persist, it may be appropriate to apply to the court for the executor to be removed and replaced. In more serious cases involving financial loss to the estate, it may also be possible to bring a claim against the executor personally.
Pursuing a claim against an executor is a complex area of law, and early advice is recommended. Our contentious probate solicitors provide clear, practical advice from the outset, helping you understand your position and identify the most suitable options available to you.
What Happens If a Removal Application Is Made?
If disputes with an executor cannot be resolved informally, an application can be made to the court to have an executor removed. The application process will be dependent on the stage of the administration:
- Before Probate is Granted: You can apply to have an executor “passed over” under Section 116 of the Senior Courts Act 1981.
- After Probate is Granted: You must apply to remove or substitute the executor under Section 50 of the Administration of Justice Act 1985.
The court will look closely at the evidence and consider whether removal is genuinely necessary to protect the estate and ensure it is administered properly, rather than simply because the relationship between the parties has become strained.
If the application is successful, a replacement executor or administrator will be appointed to take over the administration of the estate.
The executor can also voluntarily step down if they haven’t already started dealing with the estate, using Form PA15, accessed here: GOV.UK – Give up probate executor or administrator rights.
This process can be both legally and emotionally complex, and it is not a step to take lightly. Early legal advice is essential, both to assess whether your concerns are likely to meet the threshold required and to explore whether the matter can be resolved without the need for court proceedings.
What If I am the Executor Being Challenged?
If you are an executor and a beneficiary has filed a formal application for removal, it is understandable to feel anxious about what comes next. The first thing to know is that not every complaint leads to removal, and many concerns can be addressed by improving communication, providing clear accounts, or seeking professional guidance on how to proceed.
If a formal claim is brought against you, we can help you understand your legal duties, respond to the allegations made, and represent your position throughout
Contentious Probate Solicitors in Wisbech and March
Disputes involving executors are rarely just about the administration process. They often involve grief, mistrust between family members, and a genuine concern about doing right by a loved one who has passed away.
At Bowsers Solicitors, our contentious probate team will always aim to resolve your dispute using Alternative Dispute Resolution (ADR) methods, but, where needed, can provide the guidance you need to take your matter to court.
We have considerable expertise in resolving disputes relating to Wills, trusts, and estates and have represented a diverse range of clients, including beneficiaries, families, and individuals. In addition, we can assist in defending against challenges to a Will or the distribution of assets.
By obtaining early legal advice from our compassionate and knowledgeable team, you can help ensure that your loved one’s Will is administered according to their wishes.
If you are looking for contentious probate advice, please contact our experienced lawyers and chartered legal executives today on 01945 583194 (Wisbech) or 01354 652606 (March), or email reception@bowsers.co.uk. Alternatively, you can fill in our contact form.
