The role of an Executor
The Executor of a will is the person appointed by the deceased to administer their estate following their death. An Executor should administer an estate in accordance with the Will and the law. This would typically include applying for probate, collecting in assets, paying taxes and debts, and arranging for the estate to be distributed in accordance with the Will. Executors are also under a duty to protect and preserve the estate assets for the benefit of the beneficiaries.
What if the executor of a will is not performing their duties correctly?
Our experienced contentious probate solicitors can provide expert legal advice regarding disputes between Executors, or between beneficiaries and Executors, including removing an executor, if that is the appropriate step.
Can you remove the executor of a will?
If a beneficiary or next of kin becomes concerned that an executor is not complying with their duties, it is possible to apply to the court to remove and replace them. This can be before or after a Grant of Probate or Letters of Administration is issued
The steps involved in removing an executor or administrator
The process of legally forcing an executor to stand down is not straightforward, which is why the very first thing to do is to seek the advice of a solicitor who is experienced in the process. Your solicitor will be able to advise if you have a case and what steps need to be taken to be successful, including:
- Assessing the executor’s suitability and conduct;
- Contacting the executor for a detailed explanation of their actions ( or lack thereof);.
- If necessary, apply to the court to remove the executor.
- If appropriate, exploring alternative dispute resolution (such as mediation).
Why choose Trethowans?
Seeking to remove an Executor of a Will can be challenging and costly. Going to court should be seen as a last resort. Our solicitors will work with you to try and find a satisfactory resolution outside of the courtroom, saving you unnecessary stress, effort and cost. If court proceedings are needed then as your contentious probate solicitors, we will guide you through the entire process and provide expert legal advice based on our years of experience and detailed knowledge of the system.
We understand that each case is different and the steps that need to be taken to remove an executor will depend on individual circumstances.
For expert legal advice on how to remove an executor, contact our contentious probate solicitors today. Our specialist lawyers have substantial experience helping clients successfully secure the fair and accurate administration of a loved one’s will.
To discuss your case with our team, contact us today on 0800 2800 421.
