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.”
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.
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.
Related articles
- Claims by personal representatives, executors, or trustees
- Why might you need an Independent Administrator?
Get in touch
If you wish to make a claim to remove a personal representative, it is important to seek specialist advice as soon as possible. Please contact our contentious probate lawyers, based in London, Ickenham, Thame and Gerrards Cross, by email at enquiries@bpcollins.co.uk or by calling 01753 889995.
