Dealing with the loss of a loved one is already a challenging time. However, if the executor of the will is causing additional stress due to their inefficiency, the situation can be even more difficult. In such cases, it’s important to know that there are ways to have them removed.
An executor might be removed in the following circumstances:
It’s tough to take someone off executor duty unless you can convince a judge they can’t do the job or shouldn’t be trusted.
The evidence you require will depend on the reason why you want an executor removed, for example:
For an executor to be considered unsuitable, they must have done something unlawful directly related to the estate administration. For example:
If you allege misconduct, it can be challenging to prove and could lead to further legal issues, so it is wise to consult a solicitor.
If the court is satisfied with the evidence provided, it has a discretionary power under section 50 of the Administration of Justice Act 1985 to appoint a substitute executor or to terminate the appointment of an executor.
A professional executor is often appointed to avoid the potential for a further family dispute.
Don’t forget about Insurance
If you haven’t insured yourself, other executors and the beneficiaries, check out our Executor Insurance Guide to understand your liabilities and the insurance available to you.
If you have property to insure, don’t rely on the existing insurance to cover you. It may not give you the cover you need to fully protect the property or your liabilities. Check out our probate house insurance page for more information or to get a quote.
If you think the executor named in the will isn’t the right person for the job, don’t try to handle it yourself. Talk to a lawyer about your situation and the evidence you have.
They can help you decide the best course of action, whether it’s working with the executor, getting them to step down, or going to court to have them removed.
If you have any other questions on what is involved when acting as an executor visit our executor guide page.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Please consult a qualified lawyer experienced in UK probate law for guidance on your situation.
Hi, I'm Rob, CEO and Founder of Insuristic. My mission is to make insurance easier to understand and buy online.
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