How Easily Can You Be Removed As An Executor?

It is possible for a disgruntled beneficiary to make application for an Executor to be removed from his or her position and replaced by another Executor to be appointed by the Court.  This could be another family member or a professional Executor such as a Solicitor who would then be paid for acting as Executor in the place of the removed Executor. 

Most such applications are made under s50 of the Administration of Justice Act 1985. 

These applications are normally made for the removal of Executors after probate is granted but applications can be made beforehand. 

Such an application is not easily made and the Court do not remove an Executor lightly.  The Court will consider if it is in the interests of the proper administration of the Estate overall, which will depend on the circumstances of each case, rather than simply consider the wishes of an individual beneficiary.  If an application has been made to remove you as Executor you should take legal advice. 

If you wish to know more about this, then please contact Grahame Henry at or 0800 083 0815.