Removing an Executor
What do you do if the executor of a Will is not performing their duties correctly? Our experienced solicitors can provide expert legal advice for removing an executor, if that is the appropriate step.
Can you remove the executor of a Will?
The executor of a Will is the person appointed by the deceased to administer their estate following their death. The role involves applying for probate, paying taxes and debts, and arranging for the estate to be distributed in accordance with the Will. The executor of a Will is duty bound to act in the best interest of the deceased’s estate and the beneficiaries.
However, if a beneficiary or next of kin becomes concerned that the actions the executor is taking are not in the best interests of the deceased, it is possible to apply to the Court to legally to remove the executor and seek a substitute.
At Trethowans, we understand that seeking to remove an executor of a Will is an emotional and difficult time, which is why we view going to court as a last resort. Instead, our solicitors will work with you to try and find a satisfactory resolution outside of the courtroom, saving you unnecessary stress, effort and money.
For expert legal advice on how to remove an executor, contact Trethowans Solicitors today. Our specialist lawyers have substantial experience helping clients successfully secure the fair and accurate administration of a loved one’s Will. To learn more, call us on 0800 2800 421 or complete our online contact form.
The steps involved in removing an executor
The process of legally forcing an executor to stand down is a difficult one, which is why the very first thing to do is to seek the advice of a solicitor who is experienced in the procedure. Your solicitor will be able to advise you on if you have a case as well as what needs to be done at the various steps you will need to take to be successful, including:
- Contacting the executor for a detailed explanation of their actions and reviewing their reply
- Conducting mediation to attempt to find a satisfactory solution outside of court proceedings.
- If mediation is not successful, applying to the court to remove the executor under section 50 of the Administration of Justice Act 1985 if probate has been granted.
- Demonstrating that the executor has failed in their duties – reasons why an executor needs to be removed include they have been convicted of a crime, they are unable to perform their duties due to physical or mental disability or they have shown serious misconduct (such as theft)
At Trethowans, we understand that each case is different and the steps that need to be taken to remove an executor will depend on individual circumstances. As your solicitor, our role is to guide you through the entire process and provide expert legal advice based on our years of experience and detailed knowledge of the system. To discuss your case with a professional lawyer, contact Trethowans today on 0800 2800 421.