After someone’s death, the executor or executors named in their Will are responsible for winding up their estate. It is sometimes the case that an executor does not carry out the job effectively, or disagreements arise. The beneficiaries may then consider removing an executor. Understanding how to remove an executor from a Will is important if you find yourself in this position.
We look at when this is possible and what to be aware of.
Summary
This article includes:
- What is an executor?
- What does the executor of a Will do?
- What happens when probate disputes arise?
- Why would you want to remove an executor?
- What is intermeddling?
- Removing an executor of a Will
- When in the process can you remove an executor from their role?
- Case studies
What is an Executor?
An executor is the personal representative of the deceased individual, chosen in their Will to carry out the estate administration after their death. There may be one or more executors.
What Does the Executor of a Will Do?
The role of executor involves finalising the deceased’s affairs after their death. The main tasks include:
- Registering the death, although a close relative can also do this
- Locating the deceased’s Will
- Making funeral arrangements; again, a close relative can do this. Payment will ultimately come from the deceased’s estate
- Identifying the deceased’s assets and liabilities
- Securing assets, for example, insuring property and removing vehicles from the road
- Notifying asset holders and creditors of the death, to include supplying them with a certified copy of the death certificate
- Calculating the value of the net estate
- Calculating and paying Stamp Duty, to include completing HMRC forms
- Completing all necessary forms and applying for a Grant of Probate
- Where necessary, putting statutory advertisements in the Gazette and local newspapers asking for unknown creditors and/or beneficiaries to come forward
- Clearing all of the estate’s debts
- Collecting in all assets, and selling or transferring them, to include clearing and selling or transferring property
- Preparing detailed accounts
- Distributing the estate to the beneficiaries named in the Will, and obtaining receipts
What Happens When Probate Disputes Arise?
A probate dispute can halt the estate administration. An individual with concerns may apply to the Probate Registry to ask them not to issue a Grant of Probate, known as lodging a caveat, or alternatively, the executors may receive a claim from someone during the administration process.
The executors have a strict duty to act in the best interests of the estate and the beneficiaries at all times. This means that they need to take steps to protect the estate assets and defend claims where necessary.
The best way of resolving probate disputes is generally by negotiation, which is usually faster and more cost-effective than litigation.
Why Would You Want to Remove an Executor?
In an estate administration, there are numerous ways in which an executor may fail in their duties, including the following:
- Taking too long to obtain a Grant of Probate
- Undervaluation of the estate assets
- Sale of estate assets at below market value
- Fraud on the part of an executor
- Theft from the estate
- Disputes between executors
- Taking too long to wind up the estate
- Not dealing effectively with the winding up of the estate
- Charging unreasonable expenses to the estate
- Failure to produce estate accounts
In the difficult period after someone’s death, emotions are often running high, and disagreements can escalate quickly. Speaking to a contentious probate solicitor can be helpful. They will be able to suggest a way forward, and work to reduce the animosity between those involved.
What is Intermeddling?
If an individual named in a Will as an executor does not want to take on the role when the time comes, they can renounce probate. However, it is important that they do not take any steps to deal with the deceased’s estate if they wish to renounce.
Should they do so, it is classed as intermeddling, and it is not then possible to simply renounce probate. Instead, an application would need to be made to the court for permission to be removed.
Some limited actions, such as arranging the funeral or securing assets, may be permitted without this being treated as intermeddling, but these tasks are best left to the incoming executor wherever possible.
Removing an Executor of a Will
If an executor is failing in their duties, it is possible to ask the court to remove them under Section 50 of the Administration of Justice Act 1985.
It is not possible to request the removal of an executor simply because a disagreement has arisen. Evidence is needed of failure to carry out the administration process or improper conduct on the part of the executor.
When in the Process Can You Remove an Executor From Their Role?
The court has the authority to remove an executor at any stage of the administration process. However, it will need to be persuaded that this is necessary for the proper administration of the estate, although proof of dishonesty is not necessary.
Case Studies
Fernandez v Fernandez [2025] EWHC 2373 (Ch)
In the case of Fernandez v Fernandez [2025] EWHC 2373 (Ch), a brother who was appointed as an executor failed to complete the estate administration. After over a decade, the court removed him as executor to allow the winding up of the estate to be finalised. The applicants were not required to provide evidence of fault or wrongdoing on his part; it was enough that there was a protracted and extreme breakdown in relations between the executor and the beneficiaries, evidenced by years of disagreements. This case shows that the court can remove an executor under section 50 of the Administration of Justice Act 1985 without any finding of fault or wrongdoing, where a prolonged and serious breakdown in relations means the administration cannot proceed.
Wilby v Rigby [2015] EWHC 2394 (Ch)
In Wilby v Rigby [2015] EWHC 2394 (Ch), an estate administration was not progressing at all because of hostility between the joint executors, who were siblings. The court removed both executors and appointed a professional probate solicitor to deal with the winding up of the estate. This case confirms that joint executors can both be removed where a breakdown in trust between them brings administration to a standstill, even without evidence of misconduct by either party.
Contact Our Contentious Probate Solicitors
If you are concerned about the conduct of an executor, and you would like to discuss your options, please feel free to contact our Wills, Trusts & Probate team.
To speak to one of our expert Wills solicitors, ring us on 0300 303 2071, email us at info@witansolicitors.co.ukor fill in our contact form, and we will talk through your situation with you and discuss how we can assist. We have offices in Birmingham, Northampton and London.
FAQs
Can You Remove an Executor?
Yes, an executor can be removed at any point after a death, provided there are valid grounds to do so.
How Much Does it Cost to Remove an Executor From a Will UK?
The cost of removing an executor will depend on the route taken and the length of time it takes to achieve removal. It is preferable to deal with matters out of court wherever possible, by way of negotiation and, if necessary, using an alternative form of dispute resolution such as mediation.
Court action can be lengthy and protracted. If you wish to remove an executor and you would like to discuss costs and the best approach for your case, we will be happy to talk to you.
What to Do If an Executor is Not Acting?
If you have concerns about an estate administration, you can approach the executor and try to talk to them about the process. Probate can often take many months, and they may be waiting for other parties, such as the Probate Registry or for the sale of a property.
Where concerns remain, the next step is usually to speak to a contentious probate solicitor. They will be able to advise you of the strength of your position and the options open to you. They can negotiate on your behalf and guide you through alternative dispute resolution where necessary.
Making an application to the court for the removal of an executor is generally a last resort. For a fuller breakdown of your options, see our guide on what happens when an executor refuses to act.
What to Do If You Are Unhappy With an Executor?
As a beneficiary, you can ask an executor for an update on the progress of the estate administration. You can also ask when they anticipate that matters will be finalised.
If they do not respond, a formal letter from a solicitor may persuade them to reply.
Where the administration process has not yet started, you can ask them if they are prepared to renounce probate. This means that another executor can deal with the winding up of the estate.
If the probate process has already started, you can discuss your concerns with the executor and see if any progress can be made. If they are struggling to manage the tasks involved, then they may be prepared to instruct a probate solicitor to finalise matters.
