When someone passes away, the executor of their estate, appointed in their will, takes on a position of trust, managing the deceased’s assets and debts, making sure the terms of their will are carried out. Sometimes, the complexities of estate administration or disagreements with beneficiaries can create tension that disrupts the smooth handling of the estate.

When an executor struggles to fulfil their responsibilities, whether due to inexperience, inaction or conflict, it can affect everyone involved. Executors are granted legal authority through the will or probate registry, which can make challenging their actions feel daunting.

However, if there is evidence that an executor is failing in their duties or acting against the interests of the estate, legal remedies are available. Under the civil procedure rules, beneficiaries can apply to the court to remove the executor and appoint someone better suited to manage the estate. This process can be challenging, and recognising when to seek legal support is often the first step toward protecting the estate. In this guide, we’ll outline key considerations.

Legal duties of an executor

Executors act as personal representatives of the deceased, with their responsibilities defined by fiduciary duties under the Administration of Estates Act 1925. These legal obligations require executors to manage the deceased’s estate with honesty, integrity and diligence. Estate administration includes tasks such as settling debts, managing tax liabilities and distributing estate assets, all of which must be completed without unnecessary delay. Usually, an executor will only be able to carry out their duties once they obtain the legal authority to do so, through an official Grant of Probate document obtained from the Probate Registry. 

Executors are also expected to prioritise the interests of the beneficiaries and avoid conflicts of interest. For instance, they cannot use estate assets for personal gain or make decisions that unfairly favour one beneficiary over another. They must always remain neutral when a disagreement arises. 

Failing to meet these duties can result in serious consequences. Misconduct might include misappropriating the deceased’s assets, neglecting to maintain accurate financial records or failing to distribute the estate in line with the Will.

In some cases, an executor’s ability to carry out their role is compromised by incapacity. Serious illness or personal challenges may leave them unable to manage the estate effectively, making it necessary to reconsider their position. 

Communication breakdowns often make these situations worse. When an executor refuses to share updates or ignores beneficiaries' concerns, trust can quickly deteriorate. While some executors may recognise these difficulties and choose to step aside, others may refuse, leaving beneficiaries with no option but to seek legal support.

Steps to remove an executor

If you have concerns, the first step is to contact the executor directly to raise your questions and seek an explanation. Open and honest communication can resolve misunderstandings and prevent further action. If you have concerns about how the deceased’s assets are being managed, you can put forward a legal request for an Inventory and Account. This may be the first step of your investigations, before a formal removal is considered. 

If the executor has refused to engage or the dispute remains unresolved, seeking legal advice should be your next step. A solicitor with expertise in contentious probate will review your situation, outline your options and assess whether there are grounds to remove the executor.

If informal efforts fail, Switalskis can guide you through your next moves. This might include issuing a citation through the probate registry - this is a formal notice that compels the executor to either act or step down. If the executor continues to neglect their responsibilities, we can apply to the court under Section 50 of the Administration of Justice Act 1985 to have them removed and a substitute appointed.

How the court makes its decision

When deciding whether to remove an executor, the court’s primary concern is the proper administration of the deceased’s estate. Judges will examine evidence of the executor’s behaviour, including any instances of misconduct, incapacity or failure to carry out their duties. This evidence often includes a witness statement from beneficiaries or others involved, outlining specific concerns or examples of the executor’s failings. The court will also consider the impact on estate administration and the beneficiaries involved.

If no replacement executor is named in the will, the court has the authority to appoint a substitute executor or administrator. This could be a beneficiary, a professional executor such as a solicitor, or an independent third party. In cases where disputes are particularly contentious, appointing a professional executor can help restore trust and make sure the estate is handled impartially.

Challenges in removing an executor

Legal proceedings often involve delays and costs, which can reduce the overall value of the estate. These costs may sometimes be recovered from the estate’s funds, if the court approves this, meaning all beneficiaries may be affected financially. Disputes over estate administration can also strain family relationships, especially during an already emotional time.

Beneficiaries considering such an application must weigh the potential challenges against the need to protect the estate. However, seeking legal advice doesn’t mean you will have to go to trial. At Switalskis, we always look to resolve disputes without the cost and stress of a court case. In many cases, even where things seem complex and unresolvable, this is entirely possible.