Removing an Executor of a Will
- Making law easy for you -
Removing an Executor of a Will
The role of an Executor is a significant responsibility, requiring the individual to manage and distribute the deceased’s estate in accordance with the Will or the rules of intestacy. However, there are instances where an Executor may be unfit to fulfil these duties, leading beneficiaries to seek their removal. Whether due to misconduct, incompetence, or conflict of interest, removing an Executor can be a complex legal process.
Before delving into the removal process, it’s essential to understand the responsibilities of an Executor. An Executor’s duties are set out in Section 25 of the Administration of Estates Act 1925:
- Collect and get in the real and personal estate of the deceased and administer it according to law;
- When required to do so by the court, exhibit on oath in the court a full inventory of the estate and when so required render an account of the administration of the estate to the court; and
- When required to do so by the High Court, deliver up the grant of probate or administration to that court.
Why would an Executor be removed?
In some cases, it may be that the Executor has lost capacity and cannot fulfil their duties. However, an Executor can be removed if an interested party (such as beneficiary) believes that the Executor is not performing their duties correctly, there is wrongdoing or because the Executor is refusing or unnecessarily delaying work involved in administering the Estate.
How to remove an Executor?
First, the beneficiary should write to the Executor addressing their concerns and ask to explain their actions. If no explanation is received or the beneficiary is not satisfied with the Executor’s explanation, they can make an application to the court to remove or substitute the Executor.
If a grant of probate has been issued, the High Court has a discretionary power under section 50 of the Administration of Justice Act 1985 to appoint a substitute Executor or to remove an Executor.
Contact us
It should be noted that removing an Executor is a serious and often challenging process, requiring careful consideration and strong legal grounds. If you suspect that an Executor is not fulfilling their duties properly, it is important to seek legal advice.
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.
