How to Remove an Executor from a Will

When a loved one dies, the executor named in their will is responsible for administering the deceased person’s estate. In most circumstances, executors carry out this role properly and in accordance with their legal duty.

However, problems can arise if an executor is unwilling or unable to do the job properly. They may refuse to communicate with beneficiaries, act in their own interests or mishandle estate funds. In serious cases, they may commit fraud, steal from the estate or otherwise put the proper administration of the estate at risk.

If you are a beneficiary, co-executor or someone with an interest in the deceased’s estate, you may be able to apply to have the executor removed and replaced. However, an executor’s removal is not something the court will order lightly. Court action is usually a last resort, and you will need strong evidence that the executor is unsuitable, incapable or has acted unreasonably.

Here, JMW’s expert private wealth disputes solicitors explain how to remove an executor from a will, the grounds for removal, evidence required and the ways our team will support you through the process.

Can You Remove an Executor from a Will?

It is possible to have an executor removed, but the process depends on whether the executor has already started acting and whether probate has been granted.

If the named executor has not yet started estate administration, you may be able to persuade them to renounce the role voluntarily. This means they step aside before taking on the responsibilities of a personal representative. In such cases, it may be possible to appoint another executor without the need for a contested court application.

If the executor has already begun acting, or if a grant of probate has been issued, stepping down becomes more complicated. An executor who has started dealing with the deceased person’s estate may no longer be able to give up the role voluntarily. In these circumstances, they will usually need to be formally removed or replaced through the appropriate legal process, which may involve an application to the High Court.

The court has the power to remove an executor where this is necessary to protect the estate and the interests of the beneficiaries. However, it will not remove an executor simply because there is friction, mistrust or a disagreement between the parties. You will need to provide evidence that the executor’s conduct, incapacity or conflict of interest is preventing the estate from being administered properly.

When Might it Be Necessary to Remove an Executor?

Removing an executor should usually be treated as a last resort. The court will generally expect parties to resolve things informally where possible, especially where the dispute has arisen from poor communication or a misunderstanding about the executor’s duties.

However, a removal application may be appropriate where the executor’s behaviour is causing harm to the estate or making proper administration impossible, through:

Serious misconduct

Serious misconduct is one of the clearest grounds for removing an executor. This may apply where there is evidence that the executor has acted dishonestly, improperly or in a way that has caused, or risks causing, loss to the estate.

Examples of serious misconduct may include:

• stealing from the estate
• misusing estate funds
• selling estate assets at an undervalue
• failing to account for money
• favouring one beneficiary over another
• using the role to benefit their own interests

Executors have a legal duty to act in the best interests of the estate and the beneficiaries. If they breach that duty, they may be personally liable for losses caused to the estate. In the most serious cases, their actions may also amount to a criminal offence.

Excessive delay

Estate administration can take time, particularly where the estate is complex, assets need to be sold, tax returns must be filed or there are disputes between beneficiaries. However, an executor must still progress the administration within a reasonable timeframe.

If the executor refuses to act, delays selling assets or does not distribute the estate without good reason, this may justify legal action.

Failure to provide estate accounts or information

Executors are expected to keep accurate accounting records and provide estate accounts when required. Beneficiaries are entitled to understand how the estate has been administered, including what assets were collected, debts and expenses paid, and how the remaining estate was distributed.

If an executor refuses to provide basic information or fails to account for estate property, this can trigger serious concerns. In some cases, it may be appropriate to apply for a court order requiring the executor to provide an inventory and account before seeking their removal.

Acting in their own interests

An executor must not put their own interests ahead of the estate or the beneficiaries. A conflict of interest may arise if the executor buys estate assets for themselves, blocks the sale of estate property, withholds money, or makes decisions that benefit them personally.

A conflict will not automatically lead to the executor’s removal. However, if the conflict prevents them from administering the estate fairly and properly, the court may decide that a suitable replacement executor should be appointed.

Physical or mental disability

An executor may become incapable of carrying out their duties because of a physical or mental disability, serious illness or another factor that prevents them from acting. This does not mean the executor has done anything wrong, but it may still be necessary to appoint someone else if the estate cannot be administered properly.

In these circumstances, the court will need evidence showing why the executor is no longer able to fulfil the role. This could include medical evidence, correspondence or witness evidence from those involved in the estate administration.

Breakdown between co-executors

Where there is more than one executor, disputes between co-executors can bring the administration of the estate to a standstill. Some decisions can be taken by one executor acting alone, but other matters, such as dealing with estate property, may require all executors to cooperate.

If a co-executor refuses to sign documents, withholds information or blocks necessary decisions, it may be possible for your solicitor to ask the court for directions or apply for their removal. The court will consider whether the deadlock is harming the estate and whether removal is necessary, or whether a less drastic court order could resolve the issue.

Can a Beneficiary Remove an Executor?

A beneficiary cannot remove an executor simply by asking them to step down if they are unwilling. However, a beneficiary can raise concerns, request information and, where necessary, apply to the court for an executor’s removal.

Before taking court action, beneficiaries should usually write to the executor to explain their concerns and ask them to remedy the problem. This letter may request estate accounts, an update on the administration, an explanation for delays or confirmation that the executor will take certain steps by a set deadline.

If the executor does not respond, refuses to act properly or continues to put the estate at risk, the beneficiary may be able to make a court application. A solicitor can advise whether the evidence is strong enough and whether removal is the best option.

What Should You Do Before Applying to Remove an Executor?

Court proceedings are time-consuming and expensive, so it is important to consider whether the dispute can be resolved without formal court action. In many cases, seeking early legal advice will allow you to resolve matters before they escalate.

Before making an application to remove an executor, you should consider the following steps:

Ask the executor to step down voluntarily

If the executor recognises that they cannot fulfil the role, they may agree to step aside. This can prevent the need for a contested removal application, and reduce legal fees.

However, whether they can resign or renounce will depend on whether they have already started acting. If they have already started dealing with the estate, known legally as “intermeddling”, or probate has been granted, court involvement may still be required.

Send a formal letter

Before starting court proceedings, your solicitor will usually write to the executor setting out your concerns and giving them an opportunity to respond. This letter may ask them to explain their actions, provide estate accounts, confirm what steps they have taken and address any delays, disputes or suspected misconduct.

This step is important because it shows that you tried to resolve matters before starting proceedings. If the executor ignores reasonable requests or refuses to remedy the situation, this may support an application for their removal.

Consider mediation or alternative dispute resolution

Alternative dispute resolution is a pragmatic way to resolve executor disputes without going to court. Mediation allows the parties to discuss the issues with the help of an independent mediator and in many cases will lead to an agreement about how the estate should be administered.

The court generally expects parties to consider alternative dispute resolution before starting formal proceedings. If one party refuses to engage or acts unreasonably, this could affect how the court deals with legal costs later.

Ask the court for directions

In some cases, removing an executor may not be necessary. If the problem is that the executor is unsure what to do, or the parties disagree about a specific issue, it may be possible to apply to the court for directions.

A court order can require the executor to take particular steps or progress the administration in a particular way. This may be enough to resolve the issue without removing them from the role entirely.

How to apply to remove an executor

If informal steps fail, you may need to make a court application to remove the executor. Applications for the removal or substitution of a personal representative are commonly made under Section 50 of the Administration of Justice Act 1985.

The application is usually made to the High Court. The court will consider whether the executor should be removed and, if so, who should replace them. The court’s priority is the proper administration of the estate and the best interests of the beneficiaries as a whole.

You will usually need to provide:

• Details of the deceased person and the estate
• A copy of the will and grant of probate or letters of administration, if available
• Detailed witness statement explaining why the executor should be removed
• Evidence of misconduct, delay, incapacity or conflict of interest
• Documents relating to estate assets, estate accounts and beneficiaries
• Details of the proposed replacement executor
• A witness statement confirming the replacement executor’s suitability
• The replacement executor’s signed consent to act

Depending on the circumstances, you may also need to file a claim form and comply with the relevant civil procedure rules. An executor dispute solicitor will prepare the application, gather evidence and make sure the correct court procedures are followed.

What Evidence Is Needed to Remove an Executor?

The court will not remove an executor without good reason. You will need clear evidence showing why the current executor is unsuitable or why the estate cannot be administered properly while they remain in place. This could include:

• Emails, letters and messages showing a refusal to communicate
• Evidence of excessive delay
• Estate accounts or the absence of proper accounts
• Bank statements showing misuse of estate funds
• Valuations showing that assets were sold at an undervalue
• Documents showing unpaid debts, tax issues or failure to collect assets
• Witness statements from beneficiaries, co-executors or professionals
• Medical evidence where physical or mental disability is relevant
• Evidence of conflicts of interest or actions taken in the executor’s own interests

The stronger and more organised the evidence, the better your prospects of success. Allegations of serious misconduct should not be made lightly, particularly those involving fraud, theft or other criminal offences. You should always seek legal advice before making such allegations in court proceedings.

Who Can Act as a Replacement Executor?

If you apply to remove an executor, you will usually need to identify a suitable replacement executor. This may be another named executor, beneficiary, trusted family member or independent professional executor.

The court will want to know that the replacement executor is suitable, willing and able to administer the estate properly. They should be impartial, capable of dealing with the estate assets and prepared to comply with their legal duties.

A professional executor may be particularly appropriate where there are complex assets, ongoing probate disputes, allegations of misconduct or a complete breakdown in trust between family members.

How Much Does It Cost to Remove an Executor?

The cost of removing an executor will depend on the complexity of the estate, strength of the evidence, whether the application is contested and how much court involvement is required. In straightforward cases where the executor agrees to step down, costs may be relatively limited. If the matter is contested and proceeds through the High Court, legal fees and court fees will be significantly higher.

Are the costs paid by the estate or by one of the parties personally?

The answer will depend on the circumstances and the court has wide discretion when deciding who should pay.

In some cases, legal costs may be paid from the estate, particularly where the dispute has arisen through no fault of the parties and the application is necessary to ensure the estate is administered properly. However, this is not guaranteed.

If an executor has acted unreasonably, caused unnecessary court proceedings, failed to comply with their duties or harmed the estate, the court may order them to pay some or all of the legal costs personally. This means the costs would not be taken from the deceased’s estate.

Equally, if a beneficiary or co-executor brings an unreasonable, unnecessary or weak application, they may be required to pay costs. Before starting court action, it is important to obtain an initial assessment of your prospects from a specialist solicitor, the likely costs and whether a removal application is proportionate. In some cases, mediation, a formal request for estate accounts or an application for court directions may be a more cost-effective option.