The UK’s Trusted Probate Specialists

If you are a beneficiary under a will, there is nothing more frustrating than an Executor failing to undertake their task in administering an estate.

Typically, we find that the most common grounds for frustration and disappointment are :-

  • delay in administering an estate
  • simply failing to disclose a copy of the will at an early stage
  • failing to disclose estate accounts
  • failing to administer the estate correctly for example not collecting all assets and liabilities
  • issues over properties eg. a beneficiary who is an executor maybe living in the deceased’s property and not want to sell it
  • when there is a conflict of interest with the executor ( for example he may part own an asset or want to buy it at an undervalue)

There are two stages when an executor maybe removed. Either before the grant of probate is issued or after probate has been issued.

Removing an executor isn’t easy, as the Court recognises the significance of an executor being appointed under a will. In summary, the Court has a discretion to remove an executor and as such the test is fairly strict with the overriding principle being the administration of the estate, and the welfare of the beneficiaries and as such each case is always subjective based upon the facts of a particular case. Typically, those cases in which executors are removed often involve, delay, issues of failing to administer an estate, or even fraud.

Like in all cases, costs are always at the discretion of the court. Typically, if successful with removing an executor, then you would seek an order from the court that the executor removed should pay all the legal costs associated with the case. If you need help, removing an executor from a will, we have considerable experience in this area, and can be contacted on 01482 429985 or at tim.murden@tmsolicitors.co.uk, Tim Murden heads our contested probate team and would be happy to help.