How to resolve the appointment of a wrong executor

01 July 2009



When you appoint executors in your Will, they should be the type of people who will apply for the Grant of Probate promptly and administer your estate as efficiently as possible. If you die without a Will, the Intestacy Rules dictate who can administer your estate. These will not necessarily be the type of person you would want to have such power over your estate.

Beneficiaries sometimes find themselves faced with uncommunicative executors who fail to administer the estate correctly. In that case the following courses of action can be considered.

Before the Grant has been obtained:

1. Renunciation – as long as an executor has not intermeddled in the estate and is willing to renounce probate, this is the cheapest and most straight forward way to remove him. The renunciation must be in writing and can be done anytime after the testator's death.

2. Citations – when a renunciation is not an option, citations are a useful method to prompt delaying executors to act or to entitle someone else to take out the Grant. Beneficiaries have the option to pursue a citation to accept or refuse a Grant, or a citation to take a Grant. Applications can be made at the Principal Registry or a district probate registry.

3. Passing over – this method can be used if there are disputing executors or an executor of bad character. An application can be made to a District Judge or Registrar without notice. The High Court can then appoint someone other than the named executor if it believes it will be necessary or expedient to do so.

After the Grant has been obtained:

1. Inventory and Account – by applying to the Probate Registry the executor can be compelled to provide details of the estate and what he has done. This is the quickest and cheapest way to force an executor to account for his activities.

2. Section 50 – if a beneficiary is still getting nowhere he can apply to the Court for an executor to be removed or replaced. The Court can then use its discretion, taking into account the proper administration of the estate and the welfare of the beneficiaries.

3. Last Resorts – it is possible to apply for the Court to be appointed a Judicial Trustee or bring administration proceedings such as an Order received requiring an executor to do or not to do a particular act. Both of these routes are expensive and generally used for complex estates.

All of the options above can result in unnecessary costs and stress to the beneficiaries. It is preferable to prevent them from the outset by preparing a Will and choosing your executors wisely.

For more details, please contact senior associate Sara Rendell on 01753 279059, complete the online enquiry form or email privateclient@bpcollins.co.uk.