On what grounds can an executor be removed?

There are no set grounds for removing an executor and in many cases no need to prove misconduct or wrongdoing. The court simply needs to be satisfied that the executor has not complied with their obligations (for example, by unreasonably delaying the administration) and / or that the administration of the estate is hamstrung.

Can Next of Kin override the executor of a will?

The phrase “next of kin” is often used but most people do not realise it has no meaning or effect in law. Often the next of kin will be informed (as a matter of courtesy) of medical matters in lifetime but this cannot override the appointment of an executor under a will.

What can you do if an executor does not carry out their duties?

If an executor never takes a grant of probate they may be asked to renounce and have someone administer the estate in their place. If they have already taken the grant and then failed to comply with their duties, they may need to be removed by an application to the court.

What can I do if an executor is taking too long?

Unreasonable delay may be grounds for a claim for breach of duty. In the case of professional executors (for example, solicitors) there may also be a claim in professional negligence. However, the beneficiaries bringing that claim would often need to show that a loss had been. In most cases what the beneficiaries actually want is for the estate administered. Often the quickest and most cost-effective way to achieve this is to have the executor removed and someone else appointed in their place. This can be achieved by an application under s50 Administration of Justice Act 1985.

How do I step down from being an executor?

An executor may renounce probate if they have not “intermeddled” with the estate. Once an executor has intermeddled with the estate they can only be removed by an order of the court.

Removing a personal representative

We understand how challenging it can be to navigate the process of removing an executor or personal representative. With our expert guidance, we’ll ensure your concerns are addressed with the utmost care and attention.

What is a personal representative?

Executors appointed under a will or administrators who obtain a grant of letters of administration in an estate where the deceased died without a will are collectively referred to as the “personal representatives.”

Speak with our experts to explore your options.

In some circumstances, a beneficiary of an estate might need to challenge the personal representatives’ behaviour and ultimately have them removed. This could be for a number of reasons, such as the personal representative:

Misused estate assets, such as loaning themselves money or living rent free in a property owned by the estate;
Failed to produce proper accounts;
Failed to take proper care to preserve the estate’s assets;
Failed to administer the estate within a reasonable time period;
Been in conflict with their position as personal representative (for example, they might have refused all reasonable offers to purchase a property owned by the estate because they want to buy it themselves at less than market value);
Allowed the estate to lose money, for example, by failing to comply with court orders and allowing a county court judgment to be obtained against the estate.

You will find answers to common questions around Removing a Personal Representative in the FAQs at the bottom of this page.

How to remove a personal representative

Once a personal representative has ‘intermeddled’ with the estate, they can only be removed by an order of the court. The application is made under s50 Administration of Justice Act 1985.

We can advise and represent you regarding s50 Applications at B P Collins. We also have solicitors who act as independent administrators where the personal representatives need to be removed in favour of an independent professional.

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Why choose B P Collins as your removing personal representative solicitors?

With 60+ years of experience in contentious wills, trusts and probate, we’re consistently ranked in legal directories such as Chambers HNW and The Legal 500, for the strength of our private wealth disputes practice.

We have successfully achieved settlement on a variety of court actions including substantial High Court litigation regarding the validity of wills, claims under the Inheritance Act and applications to remove personal representatives from their roles as executors and administrators.

Our team is committed to resolving disputes efficiently and cost effectively, whilst achieving the best possible outcome for our clients. Partners Matthew Brandis and Craig Williams are mediation advocates and accredited mediators of the Centre for Effective Dispute Resolution (CEDR), as well as being members of the Association of Contentious Trust and Probate Specialists (ACTAPS).

We also work with clients with assets within the UK and internationally and have a strong network of specialised lawyers from other jurisdictions when required. We frequently collaborate with our private client and family colleagues to resolve matters effectively.

Contact our removing personal representative solicitors today

If you require advice regarding removing a personal representative, please contact our removing personal representative lawyers, who are based in London, Thame and Gerrards Cross, on enquiries@bpcollins.co.uk or 01753 889995.