An executor is the individual who is charged with the administration of a deceased person’s estate. This includes making sure the wishes of that person, as expressed in his or her Will, are carried out.
As an executor does not have to be a qualified professional, they can sometimes fail to perform their duties adequately. In this situation, it is possible to have them removed. This blog will outline the costs of doing so.
1. Voluntary Removal (Deed of Renunciation)
• Cost
Between £150 and £500, plus VAT.
• Details
The first and simplest method is for the executor to withdraw voluntarily, if they have not yet begun the estate administering. This requires them to sign a Deed of Renunciation. If you plan to take over the job yourself, you can get this deed via the government’s apply for probate resources. Alternatively, if you hire Probate solicitors from North Wales, they can draft it.
2. Informal Removal (Negotiation)
• Cost
Anything from £1,000 to £3,000.
• Details
The next option is informal removal following negotiation. You will need to get a Probate solicitor who handles contested cases to draft a letter reminding the executor of their responsibilities or asking them to stand down. Informal negotiation can prevent costly court action, but you will still need professional legal help.
3. Contested Court Application
• Cost
From £5,000 to £20,000 (potentially more for a very complex case).
• Details
If you have to make a court application, it will be expensive. You will have to invoke the Administration of Justice Act 1985, Section 50 in Wales and England. The legal fees involved can rise very rapidly, because your solicitor will need to apply to the court on your behalf, represent you during hearings and find the necessary evidence.
Bennett Smith Solicitors are among the most experienced Wills and Probate solicitors in North Wales. We can help you to find the easiest and most cost-effective way through this process if you call us now.
