How Much Does it Cost to Remove an Executor? (UK)

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How Much Does it Cost to Remove an Executor? (UK)

An executor is the person named in a will by the person who wrote it (the testator). When the testator passes away, the executor has the task of administering the estate, according to the will. Sometimes there can be more than one executor named in a will.

You may want to remove an executor from a will if they are not following their legal duties. This can be frustrating, as it can delay the beneficiaries in the will from getting the estate. The cost of removing an executor can differ from case to case. Below we answer the question: how much does it cost to remove an executor? (UK)

How much does it cost to remove an executor? (UK)

Removing an executor from a will incurs legal costs. When applying to remove an executor from a will, it could cost in the region of £15,000. This depends on each individual case and sometimes this cost could be more or less than £15,000, depending on how complex it is and how much the executor opposes it. The best way to find out how much it would cost to remove an executor is by talking to a solicitor.

The reason for removing an executor will determine your success, as you need a valid reason for the court to do this. A court can remove an executor from a will if they are being unreasonable. This could be because they are failing to follow their legal duties in following the will. When beneficiaries are waiting for the estates to be passed down to them, this can be incredibly frustrating.

If your case to remove an executor is successful, the court often asks the executor to pay all legal costs. This means even if you must pay legal fees upfront, you could be reimbursed if the executor loses the case. This is why it is important to speak to a solicitor first, to make sure your case is valid.

You may be able to get help with the financial implications of removing an executor from a will. In some cases, letting the executor know you are going to make a case against them is enough for them to come to their senses. This is not always the case though and sometimes legal action must be taken if an executor is not acting as they should.

What are the usual grounds for removing an executor from a will?

There are many reasons why you may want to remove an executor from a will. You need to have more of a reason than not liking the executor, especially if they are following their legal duty correctly. Sometimes an executor can delay in administering the estate as intended by the will.

If they are taking a long time, you may well have grounds to remove them. It helps to understand what an executor does once a person has passed away. The government outlines the responsibilities of an executor on its website.

Sometimes an executor can be removed if they own part of the estate, and this is becoming a conflict of interest. For instance, an executor could be the partner of the deceased and still live in the home. If the will states the home should be passed down to the testator’s children, there could be a conflict of interest. This could delay the executor in making a decision or moving out of the home despite what the will says.

You can remove an executor at any time. You may also be able to remove an executor if you believe they have committed fraud. If they will not disclose a copy of the will, you should get legal advice from a solicitor.  

What are my next steps in removing an executor?

If you believe you have legal grounds to remove an executor, you need to speak to a solicitor. They can help you build a case against the executor. They can also give you more information on the legal costs incurred when removing an executor.

The solicitors at JMW can help with all cases dealing with wills, trusts, and estate disputes. If an executor is not acting as they should, our solicitors can provide legal assistance. They can help you with the next steps in removing an executor from a will.

As removing an executor is no easy task, it is important to get the right professional help. We can support you during this challenging time, as removing an executor whilst dealing with grief can be tricky. If you need advice and support around removing an executor, get in touch with our team today.

The cost of removing an executor from a will depends on the case and the complexity of the situation. To get an accurate cost of removing an executor, it is best to get legal advice. A solicitor can help you remove an executor from a will and can inform you of the costs involved. If your case is successful, the executor will often have to pay the legal costs involved.

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