How to Remove an Executor From A Will

The starting point is to consider the Executor's legal duties and obligations. Under Section 25 of the Administration of Estates Act 1925, Executors (also known as 'Personal Representatives') are legally responsible for the administration of the Deceased's estate.

This includes ensuring that the estate is correctly distributed to the beneficiaries.

To properly administer the estate, Personal Representatives may need to:

• Notify and correspond with relevant organisations to collect the Deceased's assets.
• Identify and pay debts and liabilities of the estate.
• Search for unclaimed or missing assets.
• Prepare estate accounts.

If the Personal Representatives are failing or refusing to properly perform their duties or have become unable to, you may consider their removal through the Court.

The Court has the power to remove Personal Representatives and appoint new ones in several ways.

There are different routes to remove a Personal Representative, depending on whether they have 'intermeddled' in the Deceased's estate and other factors, such as whether a Grant of Probate has been obtained. At Myerson, we can guide you through the appropriate route.

Section 50 gives the Court discretion to appoint new Personal Representatives in place of some or all existing ones.

Applications under this section can be made in cases of conflict between Personal Representatives or if one desires to retire after intermeddling in the estate.

The Court's overriding concern is to ensure that the estate administration progresses smoothly and that the beneficiaries' interests are protected.

Pre-Action Protocol: Addressing Concerns Before Court Action

Before issuing a claim, Personal Representatives should be contacted with details of your concerns according to the Pre-Action Protocol. They must be given time to remedy their wrongdoing. If they fail to respond or comply, you can proceed with an application to the Court to seek their removal.

When making a Section 50 application, certain documents must accompany the Claim Form, including:

1. A sealed or certified copy of the Grant of Probate or Letters of Administration.
2. If no Grant of Probate has been issued, a copy of the Will and written evidence with details such as:
   1. Estate property and its estimated capital value.
   2. Liabilities of the estate.
   3. Names of those holding estate-related documents.
   4. Beneficiaries' names and their respective interest in the estate.
   5. Name, address, and occupation of the proposed substituted Personal Representative.

Additional procedural steps may apply depending on the case. For instance, if a Personal Representative is to be substituted, the Claim Form must include evidence of the new appointee's fitness and consent to act, along with details of any fees they intend to charge.

In removal applications, Rule 46.3(2) of the Civil Procedure Rules states that a successful applicant is generally entitled to costs not covered by the estate. However, if the Personal Representative has acted unreasonably, they may be ordered to cover the successful applicant's legal costs.