The executor of a will is the person responsible for managing the estate of a deceased individual; carrying out the instructions that are left in their will.
In the UK, it is possible to remove an executor from their position, but the process is not without complications.
Essentially, a court order is required if the executor doesn’t want to step down. Under Section 50 of the Administration of Justice Act 1985, it states that the High Court has the power to appoint a replacement, provided it is satisfied that removal is in the best interests of the estate.
This article goes into more detail on the key reasons for removal, and how exactly an executor can be removed.
Key reasons for removal
Courts take the original choice of the testator – that is, the person who made the will – seriously. Executors will not be removed without an ample reason. Removal may be justified in the following circumstances:
Misconduct – theft from the estate, fraud, or a serious conflict of interest that puts personal gain above the beneficiaries’ interests.
Neglect – failing to act, stalling the administration of the estate, or going long periods without communicating with beneficiaries.
Incapacity – physical or mental illness that prevents the executor from carrying out their duties to an adequate standard.
Hostility – irrational or hostile conduct towards beneficiaries that is actively obstructing the proper administration of the estate.
How to remove an executor
There are a number of ways in which an executor can be removed, including self removal.
Amicable resignation – an executor who is willing to step down can do so voluntarily using the Form PA15, which can be downloaded from the government’s website. This is often the quickest and least costly route.
Letter of concern – put concerns in writing and ask the executor to explain their actions. This can sometimes resolve issues without the need for legal proceedings.
Court application – if the executor refuses to cooperate, beneficiaries can apply to the High Court for their removal.
Evidence – The court will require solid evidence of mismanagement or misconduct before granting an order.
To navigate the legal process attached to removing an executor smoothly, take early advice from the leading wills and probate solicitors in North Wales, Bennett Smith. Call us today on 01248 671994.
