Removing an Executor
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Removing an Executor
There is always likely to be a range of emotional and practical challenges to deal with when a loved one passes away. However, those issues can be exacerbated if an executor of a Will cannot perform their duties or is unsuitable for the position. Our contentious probate solicitors can assist you in applying to have an executor removed.
At Tinsdills Solicitors, our experienced team has a wide range of expertise, including handling various legal disputes. This means we have the necessary skills to guide you through every stage of proceedings, providing practical guidance to individuals applying to remove an executor and defend executors facing a removal.
When removing an executor, an application to the court or Probate Registry is mandatory, except in cases where an executor has renounced their position before starting their duties. We can guide you through this process, ensuring you have the close personal support you need to understand where you stand.
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To reduce the potential of your loved one’s having to go through the process of removing an executor, it is essential to seek expert legal advice when dealing with lifetime planning matters such as Wills and Trusts. In addition to dealing with matters related to contested wills, trusts, and probates, our team handles various other matters. These include:
To arrange an appointment with one of our contentious probate solicitors in Hanley, Leek, Newcastle-Under-Lyme, or Sandbach, please call 01782 652300.
Our Expertise in Removing an Executor
Submitting an Application to Remove an Executor
Executors have a range of strict responsibilities when carrying out their role. They also need to be well-suited to the role and demonstrate that they can follow the terms of a Will and carry out the deceased’s wishes.
Executors will typically need to carry out various tasks, including:
- Collecting the deceased’s assets
- Paying outstanding debts
- Detailing assets and liabilities in the estate
- Distributing the estate according to the terms of the Will
However, you may have reason to believe that an appointed executor is not fit to continue in their role. Depending on the circumstances, it may be possible to have an executor removed if:
- They are unsuitable for the position
- They are subject to a conflict of interest
- They are unfit or unable to act as an executor (for example, if they have been convicted of a crime or they lack the mental capacity to manage their affairs)
Our contentious probate solicitors can guide you through applying to the court to have an executor removed, helping you build a robust case supported by as much evidence as is required.
We can also help you challenge an executor in situations where removing them from their role would not be possible or suitable. You can find out more about that here.
Defending Executors from Removal Applications
If you are an executor facing an application to remove you from your role, you will understandably feel confused and daunted about the next steps. This is especially true if you have been carrying out your duties to the best of your ability and feel perfectly capable of continuing.
Our contested probate solicitors can act in your defence if a court application is made to remove you as an executor, providing sufficient evidence to illustrate that you are fit to continue your role.
Disputes Over the Ownership of Property
After a loved one’s death, others may claim a share or interest in property belonging to the Deceased and may not be beneficiaries under the Deceased’s Will or their intestacy if they died without leaving a Will.
Deciding how to deal with property ownership following a loved one’s death can be particularly contentious. Questions surrounding the legal technicalities of passing over a share of a property will likely arise.
No matter your circumstances, we can be by your side at every stage of proceedings. We can gather all the necessary information to advise who the deceased’s share of the property should pass to and resolve any possible disputes.
Financial Provision (Inheritance Act Claims)
Anyone who has not inherited anything following a loved one’s death but falls within the category of the relevant claimant may be able to bring forward a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
Our team can advise you on whether making a claim via this route would be possible in your situation and walk you through the process that would need to be followed to achieve a positive outcome.
Removing an Executor FAQs
Who Can Remove an Executor?
You can usually apply to remove an executor if you are a beneficiary of the relevant Will or a co-executor. It is also important to note that a third party with a direct interest in the estate (such as a creditor) may also have the scope to make an application to remove an executor.
Can an Executor Remove Themselves?
An executor can remove themselves, but strict rules surround this process. An executor can only voluntarily give up their position before a grant of representation has been issued.
This means that if an executor commences their duties in any capacity, a Court Order will be required for their removal. This is even when an executor agrees they are not fit to perform their role.
What Happens if a Will is Invalid?
When an executor is appointed through a Will that is considered invalid, this jeopardises their position. The most recent valid Will is used instead, which could mean the people named executors will change.
If there is no valid Will, the rules of intestacy are followed. No one will have the immediate authority to act as a personal representative of the estate. Instead, a relative of the deceased needs to apply to the Probate Registry for a grant of letters of administration. If this is accepted, that person then becomes an administrator.
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Get in Touch With our Contested Probate Solicitors Today
Do you want to discuss removing an executor? We have expertise in this area and more.
With a dedicated team to guide you through every step of the process, you can rest assured that we will give you the best chance of getting the outcome you deserve.
To arrange an appointment with one of our contentious probate solicitors in
If you live in Hanley, Leek, Newcastle-Under-Lyme, or Sandbach, please call