Removing executors: When is court intervention necessary?

Most people are aware that when someone dies, their executor is the person responsible for sorting out their estate: collecting assets, paying debts and taxes, and eventually distributing what’s left to the beneficiaries. It’s an important role, and one that relies heavily on trust and competence.

Most executors carry out their duties without issue. But sometimes things go wrong. Beneficiaries may feel left in the dark, administration slows to a standstill, or concerns arise about how the estate is being managed. Co-executors may have the administration process blocked. In these situations, it is important to know if an executor can be removed and when the court should be involved.

What does an executor have to do?

Executors must:

• Collect in the deceased’s assets.
• Manage estate assets responsibly.
• Pay debts and taxes before distributing inheritance.
• Keep beneficiaries informed and act in the estate’s best interests.

Problems usually arise when an executor fails to communicate, delays administration, or appears to be acting for themselves rather than the estate.

When things go wrong

Warning signs can include:

• Long, unexplained delays.
• Poor communication or refusal to provide information.
• Selling assets without discussion.
• Conflicts of interest or favouritism.

Sometimes an executor simply refuses to act at all, in which case beneficiaries may need to consider formal steps to get things moving.

In clear cases where the executor has not “intermeddled” in the estate, there may even be options like a citation, a formal notice requiring them to act or step aside, before turning to court.

Do you always need to go to court?

No. Court intervention should be a last resort. Court action is expensive and often the issue can be resolved before taking that step, for example by correspondence, mediation, or a clear written request to the executor.

Cripps’ Contentious Trusts and Estates team is experienced in dealing with these types of disputes and can provide clear advice to progress problems encountered with an executor.

It is also worth noting that an executor who no longer wishes to act can sometimes step down voluntarily by signing a renunciation, provided they haven’t already started dealing with the estate.

When can the court remove an executor?

If the steps above do not progress your matter, you may be able to apply under Section 50 of the Administration of Justice Act 1985, and the court has the power to remove or replace an executor if it is in the best interests of the estate or its beneficiaries to do so.

The court doesn’t necessarily need proof of bad behaviour, just evidence that the executor cannot, or will not, carry out their duties properly. Common examples include:

• A complete breakdown of trust.
• Serious delay or inactivity.
• Hostility or inability to work with beneficiaries.
• Conflicts of interest, such as the executor making personal claims against estate assets.

Recent cases show the courts will intervene when necessary, for example, where executors have delayed administration or pursued their own interests to the detriment of the estate.

What does the court process involve?

An application is usually made to the High Court and must be supported by evidence: emails, letters, witness statements or anything showing poor administration or a breach of the executor’s duties. If the court agrees removal is justified, it can appoint a substitute executor, often an independent professional.

Cripps Trust Corporation Limited is an experienced independent administrator and can help unlock disputed estate administrations. Please see our website for more information on how we can help.

Before you decide

Executor disputes can be emotional and stressful. They can also be expensive, although in some cases costs are paid from the estate if the challenge was justified. Because every situation is different, taking early legal advice can help protect the estate and your interests, particularly where relationships have broken down or concerns about an executor’s actions arise.

Questions you might be asking

• How long should estate administration normally take?
• What counts as a “reasonable delay” by an executor?
• Do I have enough evidence to challenge an executor?
• Could an independent executor be appointed instead?
• What will it cost to remove an executor and who pays?

How we can help

If any of these sound familiar, please get in touch using our online enquiry form and a member of trusts and estates disputes team will be in contact with you.