Many people accept the role of executor without fully understanding the legal responsibility, time commitment, and emotional strain involved. Unfortunately, probate disputes often arise when an executor fails to act promptly or transparently.
If an executor has a conflict of interest, delays probate, or withholds information about estate assets, you may have grounds to seek their removal. this article explains when and how an executor can be removed in the UK, and what the courts consider when making that decision.
Disputes commonly occur when an executor:
In serious cases, beneficiaries may have no option but to apply to the court to remove the executor.
Yes. Removing an executor (also known as a personal representative) can be legally and emotionally challenging. Executors are often close friends or family members chosen by the deceased, and the court will not interfere lightly with that decision.
For this reason, expert legal advice is essential. An experienced probate solicitor will assess:
Litigation is usually a last resort and will only be pursued where necessary.
Executors are most commonly removed for the following reasons:
This includes unreasonable delays in obtaining probate, failing to distribute assets, or misusing estate funds.
A conflict of interest does not automatically justify removal. In Re Estate of McDonald (Deceased) [2022] EWHC 2405 (Ch), the court confirmed that a conflict arising from the testator’s own decisions may not be sufficient. However, the executor was removed due to special circumstances under section 116 of the Senior Courts Act 1981.
An executor may be removed if they lack the mental or physical capacity to perform their duties.
If estate assets are not safeguarded and this results in a loss of value, removal may be justified.
Personal animosity alone is not usually enough to remove an executor. However, where relationships have completely broken down and the administration of the estate is affected, the court may intervene.
In Harris v Earwicker [2015] EWHC 1915 (Ch), the court ordered the removal of one executor due to a total breakdown in relations with the beneficiaries, which made proper administration impossible.
The court can only remove an executor under statutory powers. The most relevant provisions are:
Allows the court to remove or substitute an executor before or after probate. Applications can be made by executors or beneficiaries.
Rarely used, this allows the court to appoint a Judicial Trustee to administer the estate under court supervision.
The court’s primary concern is the welfare of the beneficiaries. However, it must also represent the testator’s choice of executor.
In Letterstedt v Broers [1884], the court confirmed that removal is justified only where there is evidence of:
Executors will only be removed where the circumstances are serious.
Removing an executor is never straightforward. Testamentary freedom allows a person to choose who administers their estate, and the courts are cautious about interfering with that choice.
If you believe an executor should be removed, it is crucial to seek advice from a law firm with experience in contentious probate and inheritance disputes. This ensures your interests are protected and that any decision is made with a full understanding of the risks and benefits.
If you are a beneficiary and believe an executor should be removed, speak to our Contentious Probate team. We will provide clear, honest advice on your options and your prospects of success.
We can usually act on a No Win, No Fee basis.
It’s what we do.
Call us today – it’s free to ask.
**At the time of writing The Rt. Hon. Lord Justice Newey, is a Lord Justice of Appeal.
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