As a beneficiary of an estate, how can I remove an executor?

Once a grant of probate has been issued, it is necessary to apply to the court under section 50 of the Administration of Justice Act 1950 to remove an executor. The grounds for removal usually relate to the conduct of the executor such as a conflict of interest, incompetence in the administration of the estate or in decision-making, a breakdown of trust or strained relationships between the executors and beneficiaries or dishonesty.

It is not necessary for the court to find wrongdoing or default on the part of the executor. The guiding principle is whether the administration of the estate is being carried out properly.  In other words, whether it would be in the interests of the beneficiaries to replace an executor.

How will the court decide whether to remove an executor?

To make their decision, the court will look at range of factors including:

1. Any wrongdoing or fault on the part of the executor and whether it is sufficiently material to endanger the estate
2. The wishes of the testator in appointing the specific executors in the will. They will particularly look at the facts which influenced the deceased to appoint the person concerned an executor
3. The availability of a suitable person to replace the current executor especially where the estate is difficult to administer. In this instance, the court considers the cost of replacing an executor particularly where it is proposed to appoint professional persons. These costs will depend on the size, nature and extent of the estate and the stage which the administration has reached. A court is most likely to replace an executor with a specialist professional where they are essentially “out of their depth”, often due to the complexities of the estate
4. Any conflict of interest in the person acting as executor and his personal capacity as a beneficiary. For instance, where the executor is being challenged for unduly influencing the deceased into making the will appointing them as executor, an executor may be removed due to his potential conflict of interest
5. Failure to provide appropriate and reasonable disclosure of information to the beneficiaries

A breakdown of relations between some or all of the beneficiaries and the executors will not justify the replacement of an executor unless the breakdown of relations makes the task of the executor impossible. In this context, the beneficiaries have no right to demand a replacement and the court takes a broad view about what is in the interest of the beneficiaries as a whole. In essence, the court considers whether, in the absence of significant wrongdoing, it is difficult for an executor to complete the administration of the estate. Therefore, with regard to the conduct of the executor, the court will focus on the degree of progress made in identifying and valuing the estate assets and liabilities, the failure to provide proper and appropriate disclosure of information to the beneficiaries and a general unwillingness to act promptly to the detriment of the beneficiaries.

Contact us

If you need support when resolving a dispute, contact Katie McClean with our Dispute Resolution team, via e. KatieMcClean@rixandkay.co.uk or t. 01273 766 929