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Powers to Remove Executors

Solicitors in Essex & London

During the administration of an Estate, there may be disputes that arise between the Executors administering the Estate and the beneficiaries. It may be perceived that an Executor is being obstructive or deliberately delaying the administration of the Estate and it is open to a beneficiary to have the Executor removed and a substitute appointed. This can be a complex area of law, and our expert contested probate solicitors in Essex and London are able to advise on the process of looking to contest or remove an Executor.

Most frequently the removal of an Executor occurs after a Grant of Probate has been obtained. The application must be made to the High Court. Written evidence is required setting out the grounds of the claim including brief details of what the Estate comprises and its approximate value, details of any liabilities of the Estate, details of the beneficiaries and any proposed substituted personal representatives.

The Court has the discretion to appoint one or more new personal representatives in place of an existing Executor or to terminate the appointment of one or more - but not all - of them, unless appointing a substitute.

In exercising its discretion the Court will need to consider the merits of both sides' arguments relating to the removal and also to take into account the beneficiaries' views and interest in the Estate as a whole.

In the event of there being no misconduct on the part of the Executor, it does not necessarily ensure the security of the Executors' appointment. In the event that relations between Executor and Beneficiary have broken down so severely, the Court can nevertheless decide, even in the absence of any misconduct, the most appropriate course to ensure the administration of the Estate in the interest of all beneficiaries could be to remove all current Executors and replace them with a professional appointment.

It is possible to remove an Executor before a Grant of Representation has been obtained. This formality is usually under Section 116 of the Senior Courts Act 1981, but more recently following a Judgment of Goodman V Goodman (2013) also under Section 50 of the Administration of Justice Act 1985. This Judgment provides clarification regarding the overlapping nature of the different powers within these Acts.

The power in Section 116 is more suited to situations where the persons with the highest entitlement to take a Grant are unwilling to act and a person with lower entitlement wishes to take action to move the administration forward.

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Find out more with a free initial consultation regarding Powers to Remove Executors

The overlap between different statutory powers to remove or replace personal representatives can cause confusion in deciding which procedure to use in different situations. If, as a beneficiary, you are faced with concerns over the action or conduct of an Executor either before or after obtaining a Grant of Representation deciding which Act to use can be daunting and a complex decision.

Our Dispute Resolution Team have an excellent track record in situations where removal of an Executor may be required and can advise and assist you with respect to applications of this type. If you need further legal advice please contact one of our solicitors in Essex and London for a free initial consultation - call to make an appointment at one of our offices based in Brentwood, Hornchurch, Upminster, Leigh-On-Sea and Canary Wharf.*

*Free appointments are only available at our main offices in Upminster, Brentwood and Hornchurch and are not available in cases where proceedings have been issued.

Due to the recent Coronavirus (COVID-19) outbreak we are currently offering appointments by telephone and some video calling services. Our offices are also open with comprehensive safety measures in place.

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