How to Remove a Professional Executor: Legal Steps & Options

5 min read

Executors play a crucial role in estate administration, but what happens when they fail in their duties? Can beneficiaries challenge an executor who is delaying matters, mismanaging assets, or ignoring their concerns? In England and Wales, removing an executor is legally possible but complex. This article explains the probate litigation process, legal grounds for executor removal, and alternatives to court action.

The appointment of an executor is a crucial part of estate planning. While many individuals appoint trusted friends or family members, others prefer a professional executor, such as a law firm or bank, believing this ensures neutrality and expertise. However, what happens when beneficiaries—or substitute executors—feel that the professional executor is not acting in the best interests of the estate? Can they simply remove them?

The short answer is not easily. Courts in England and Wales are reluctant to interfere with a testator’s wishes. While there are legal mechanisms available under the Administration of Justice Act 1985 and the Senior Courts Act 1981, the burden is on the applicant to provide strong, justifiable reasons. Removal is not a matter of convenience—it requires proof that the executor is mismanaging the estate or acting in a way that negatively impacts beneficiaries.

This article also explores the legal landscape of removing a professional executor, examining statutoryprovisions, case law, and practical hurdles that beneficiaries must overcome.

Understanding the Role of an Executor

Before considering removal, it’s essential to understand an executor’s legal responsibilities. An executor is legally appointed to administer a deceased person’s estate in accordance with the will. Their duties include:

Collecting and safeguarding estate assets
Paying debts and liabilities of the estate
Filing necessary paperwork, such as applying for a Grant of Probate
Distributing the remaining assets to beneficiaries
Acting in the best interests of the estate and adhering to fiduciary duties

When an executor is a solicitor or a bank, they are expected to act with professional integrity and impartiality. Problems arise when beneficiaries perceive them as delaying matters, overcharging, mishandling assets, or ignoring their concerns.

Common Complaints Against Professional Executors:

Delays in estate administration – Months or even years pass with little progress.
Excessive fees – Charging high legal fees that reduce the beneficiaries’ inheritance.
Lack of transparency – Failure to provide updates or financial statements.
Poor communication – Ignoring emails, calls, or requests for information.
Conflicts of interest – A law firm acting as executor and also handling the estate’s legal work.

Can a Professional Executor Simply Be Asked to Step Down?

Technically, yes. But will they? That depends.

If all the beneficiaries and substitute executors (if named) unanimously agree that they do not want the professional executor to act, they can request that they renounce their role by signing a Deed of Renunciation. However, a crucial legal hurdle exists:

An executor cannot renounce if they have already started administering the estate—a concept known as intermeddling.

What Counts as Intermeddling?

Under Section 116 of the Senior Courts Act 1981, an executor is deemed to have intermeddled if they have:

Taken possession of estate assets
Paid estate debts
Made distributions to beneficiaries
Taken substantive actions beyond preliminary inquiries

Once intermeddling occurs, the only way to remove the executor is through a formal High Court application.

Case law: Re Shulman [2018] EWHC 160 (Ch) reaffirmed that once an executor starts performing their duties, they are legally bound unless removed by court order.

What Are the Legal Grounds for Removal?

If a professional executor refuses to renounce, beneficiaries must apply to the High Court under Section 50 of the Administration of Justice Act 1985. However, courts will not remove an executor simply because beneficiaries dislike them or think someone else would do a better job.

Failure to Act Diligently – An executor takes years to distribute assets, causing financial hardship for beneficiaries.

Conflict of Interest – A solicitor-executor also represents a beneficiary in a dispute over the will, creating bias.

Mismanagement of Funds – An executor invests estate funds poorly, leading to financial losses.

Failure to Pay Debts – The executor ignores estate debts, causing legal action against the estate.

Valid Grounds for Removal:

Failure to Act Diligently – If the executor is delaying administration or failing to act promptly (Re Pittalis [1984] Ch 357).
Conflict of Interest – If the solicitor or bank has a financial interest that affects their neutrality (Re Estate of Martin[1995] 2 FLR 170).
Misconduct or Mismanagement – If the executor has misappropriated funds or acted dishonestly (Re Steel [1995] Ch 16).
Failure to Communicate – If the executor refuses to provide information (Harris v Earwicker [2015] WTLR 1299).

What Does NOT Qualify for Removal?

Slow Administration – The court recognises that estates with complex assets take time (Thomas v Thomas [1999] 2 FLR 745).
Personality Clashes – Disagreements between beneficiaries and the executor do not justify removal (Re Keyes Estate[2002] WTLR 491).
Disputes Over Legal Fees – Unless fees are excessive or unreasonable, courts are unlikely to intervene.

What Can Beneficiaries Do Before Court Action?

Request Transparency – Ask the executor for financial statements and updates.
Seek Mediation – A legal mediator can resolve disputes without court intervention.
Challenge Fees – If you suspect excessive charges, ask for a detailed breakdown.
Consult a Solicitor – Get legal advice on whether you have a strong case for removal.
Lodge a Complaint – Many professional executors have internal complaints procedures and may resolve the issue without further action.

Who to complain to?

If the will-writing company is a member of The Society of Will Writers or The Institute of Professional Willwriters (IPW), you can file a complaint through their respective websites.

For banks acting as executors, you can file a complaint with the Financial Ombudsman Service (FOS).

The Process of Removing a Professional Executor

If there is a strong legal basis for removal, the process involves:

Filing a High Court Application – Under Section 50 of the Administration of Justice Act 1985, supported by evidence.
Proposing a Replacement Executor – The court prefers to appoint a new executor rather than leave the estate without one.
Demonstrating That Removal is in the Best Interests of the Estate – The focus is on the estate, not personal grievances.
Preparing for Costs – If the application fails, the applicant may be ordered to pay legal costs out of their inheritance.

Filing a Caveat: A Temporary Measure

A Caveat can be lodged at the Probate Registry to prevent the executor from obtaining a Grant of Probate. However, this is only a delaying tactic—it does not remove the executor (Norris v Norris [2002] EWHC 2996 (Ch)).

Is Court Action Worth It?

Before initiating court proceedings to remove an executor, consider the following critical factors:

Is the executor’s conduct actively harming the estate? Evidence of mismanagement, fraud, or negligence strengthens your case.

Are there strong legal grounds for removal? Courts require substantial proof, such as failure to distribute assets, financial misconduct, or breach of fiduciary duty.

Have alternative dispute resolution methods been explored? Mediation or formal complaints may resolve conflicts faster and more cost-effectively.

Are you prepared for the financial and emotional toll of litigation? Legal fees, court delays, and stress can outweigh potential benefits.

However, disputes over executor fees, personality conflicts, or minor delays do not justify removal in most cases. Courts prioritise efficiency and legal compliance, not personal disagreements.

Is Court Action Worth It? A Quick Checklist

You may have a strong case for removal if:
– The executor is actively harming the estate through fraud or negligence.
– There is clear evidence of financial misconduct.
– You have tried alternative solutions like mediation with no success.
– The court action would significantly benefit the estate and not just personal grievances.

You may NOT have a strong case if:
– You simply dislike the executor or their management style.
– The estate is complex, and delays are normal.
– You dispute their fees but have no proof of overcharging.

Final Thoughts

Removing a professional executor is legally possible but challenging. The testator’s wishes, fiduciary duties, and the estate’s best interests take precedence. Unless there is clear evidence of mismanagement, courts are unlikely to interfere. Courts prioritise fair estate administration, so if you believe an executor is mismanaging an estate, you have legal options.

If you’re concerned about delays, fees, or misconduct, seeking legal advice before filing a court application can save time and money.
Our experienced probate solicitors can help assess your case and guide you through the best course of action.

If you believe an executor is mismanaging an estate, seek legal advice before pursuing court action. Litigation can be costly and time-consuming, and in many cases, a negotiated resolution is preferable.