Can You Remove an Executor of a Will?

When a loved one passes away, the person named as executor in the Will takes on a position of trust and legal responsibility. Most executors carry out their duties carefully and properly. But what happens if they don’t?

If you are concerned about delays, mismanagement, or behaviour that is harming the estate or beneficiaries, you may be wondering:

Can an executor of a Will be removed?
What are the grounds for the removal of an executor?
How much does it cost to remove an executor in the UK?
How do you make an application to remove an executor?

Below, we explain your legal options clearly and practically.

If you need immediate advice about your position and removing an executor, contact our expert team on 01273 604123.

What Is an Executor and What Are Their Legal Duties?

An executor’s role is to carry out the instructions left by the deceased in their Will. Their duties include:

Applying for a Grant of Probate (the legal right to manage the estate)
Settling debts and taxes
Collecting and valuing estate assets
Keeping proper estate accounts
Distributing the estate in accordance with the Will.

Executors must act in the best interests of the estate and its beneficiaries.

Can an Executor of a Will Be Removed?

Yes — but only in certain circumstances.

The court does not remove executors lightly. A disagreement or personality clash is not enough.

The legal basis for removal usually arises under Section 50 of the Administration of Justice Act 1985, which gives the High Court power to remove or substitute an executor where it is in the interests of the proper administration of the estate.

In simple terms, the court asks: Is this executor preventing the estate from being administered properly? If the answer is yes, removal may be possible.

Grounds for Removal of an Executor

Common grounds for removal of executors include:

1. Misconduct or Mismanagement

Examples include:

Misuse of estate funds
Failing to insure estate property
Selling assets at an undervalue
Failing to pay tax liabilities
Failing to keep accounts.

Evidence may include bank statements, missing funds, unexplained withdrawals, or failure to provide estate accounts.

2. Unreasonable Delay

Executors are allowed a “reasonable” period to administer the estate (often referred to as the “executor’s year”), but prolonged inaction without justification can justify an application to remove an executor.

3. Conflict of Interest

An executor must act impartially.

Problems arise where they:

Favour one beneficiary over others
Purchase estate property at an undervalue
Put themselves in a position of personal benefit.

4. Breakdown in Relations

In some cases, extreme hostility between executors and beneficiaries can justify removal — particularly if the estate administration cannot proceed effectively.

However, the hostility must materially affect administration — tension is not enough.

Need a Legal Solution?

Our solicitors have a proven track record of resolving complex disputes for people and businesses in Sussex. Let us help you tackle the legal system with a clear strategy and expert support.

Email our team to discuss your case: enquire@bbc-law.co.uk

Who Can Apply to Remove an Executor?

Not just anyone can apply to have an executor removed. The person bringing the application must have a financial interest in the estate or be directly affected by how it is being administered.

Those who may apply include:

Beneficiaries named in the Will
Residuary beneficiaries (those entitled to what remains of the estate after debts and gifts are paid)
Co-executors concerned about the conduct of another executor
Creditors of the estate, in certain circumstances
Individuals entitled to administer the estate if the executor is failing to act.

The court’s primary concern is whether the estate is being administered properly and in the best interests of those entitled to benefit from it.

If you are unsure whether you have standing to apply to remove an executor, it is important to seek legal advice before taking steps, as an unsuccessful application can incur costs.

What If There Are Two or More Executors?

It is common for a Will to appoint two or more executors. They must act jointly, meaning major decisions should be made together and documents signed by all acting executors.

Where difficulties arise, several options may be available:

One executor may step down voluntarily (if they have not intermeddled in the estate, they may formally renounce; if they have already begun acting, they may instead agree to have power reserved or retire with consent).
The remaining executor(s) can continue administering the estate, provided at least one executor remains willing and able to act.
The court may remove only one executor, leaving the others in place if that is in the best interests of the estate.

Disagreement between co-executors does not automatically justify removal. However, if the conflict prevents the estate from being administered properly, the court may intervene.

As with all executor disputes, the court’s focus is not on personal relationships but on whether the estate can be administered efficiently and fairly for the beneficiaries.

What Does ‘Power Reserved’ Mean?

“Power reserved” is a practical solution often used where there are multiple executors, but one does not wish to take an active role.

If probate has not yet been granted, one executor can choose to have power reserved to them. This means:

They are not involved in the initial probate application.
The other executor(s) apply for probate and administer the estate.
The executor with power reserved keeps the right to step in later if needed.

This differs from renunciation. If an executor renounces, they give up the role permanently. With power reserved, they step back for the time being but retain the option to act in future.

Power reserved can be useful where:

An executor lives abroad
An executor feels unable to take on the responsibility
There is tension between executors, but no serious misconduct.

If probate has already been granted, power reserved is no longer available and different procedures would apply.

If you are unsure whether power reserved is appropriate in your situation, early legal advice can help avoid complications later.

How to Remove an Executor of an Estate

If you are considering the removal of an executor, the process usually follows these stages:

Step 1: Seek Legal Advice Early

Early legal advice is crucial. Removing an executor is a serious step and can be costly if handled incorrectly.

We assess:

The strength of your evidence
Whether the executor’s conduct crosses the legal threshold
The likely cost and timescale
The risk of adverse costs if unsuccessful.

Step 2: Attempt Informal Resolution

In many cases, matters can be resolved without court proceedings.

Options include:

Requesting estate accounts formally
Sending a solicitor’s letter
Inviting the executor to step down voluntarily.

Some executors will agree to step aside, particularly if concerns are clearly evidenced.

Step 3: Renunciation (If Probate Not Yet Granted)

If probate has not yet been granted, the executor may complete a renunciation of executor form, formally giving up their right to act.

This is often the simplest route — but only available before they “intermeddle” in the estate.

Step 4: Application to Remove Executor

If the executor refuses to step down, an application to remove an executor must be made to the High Court.

The court can:

Remove the executor
Appoint a substitute named in the Will
Appoint an independent administrator
Order delivery of estate papers
Order compensation if loss has been caused.

If you have a good case, and the executor will not step down, you must instruct your solicitor to prepare a formal Letter of Claim before taking court action.

If the letter does not achieve a resolution, a court application to remove the executor will be necessary through the High Court or the Probate Registry. We can advise you on which route is best for you.

Speak Directly with a Solicitor Today

Sometimes, all you need is a direct conversation. Avoid the back-and-forth and get straight to the point by speaking to one of our experienced solicitors about your legal issue. We're here to help.

Contact our expert team now: enquire@bbc-law.co.uk

Changing the Executor of a Will After Death (UK)

It is important to understand that you cannot simply “change” the executor after death.

The only lawful routes are:

Voluntary renunciation
Court removal
Appointment of a substitute under the Will
Appointment of an independent administrator by the court.

If the executor has already taken steps in the estate, formal removal proceedings are usually required.

What Happens If the Executor Is Removed?

Once the court agrees to remove an executor, it may:

Appoint a substitute executor (if one is named in the Will)
Appoint an independent administrator (such as a solicitor or probate professional)
Order the outgoing executor to hand over all documents and estate assets.

In some cases, if mismanagement has caused financial loss, the court may also order the removed executor to compensate the estate.

How Long Will it Take to Remove an Executor?

The executor may agree to cease acting. Depending on what the executor has done, it may take a few weeks or a few months if a court order sanctioning the change is required.

Suppose the executor does not agree to step down voluntarily, or the estate administration is well advanced. In that case, a full court process may be required, and that can take many months, depending on the strength of the evidence, court hearing dates, the assets and size of the estate, and the issues involved.

These timelines should help you plan your next steps and manage your expectations.

How Much Does It Cost to Remove an Executor in the UK?

Costs vary significantly depending on:

Whether the executor agrees to step down
The complexity of the estate
The strength of evidence
Whether the matter proceeds to a contested court hearing.

Broad Guidance:

Informal resolution: Lower cost, potentially a few thousand pounds.
Contested High Court application: Can run into tens of thousands of pounds if heavily disputed.

Costs are a key risk. If you are unsuccessful, the court may order you to pay the executor’s legal costs. However, if misconduct is proven, the executor may be ordered to pay costs personally.

We always advise carefully on cost exposure before proceedings are issued.

Removing an Executor FAQs

What if the executor is also a beneficiary?

This is very common and not automatically a problem.

Many executors are also beneficiaries. However, issues arise where:

The executor prioritises their own entitlement over others
They fail to act impartially
They benefit personally at the estate’s expense.

The key question is whether their conduct is affecting the proper administration of the estate.

Can an executor be removed for lack of communication?

Poor communication alone is unlikely to justify removal.

However, if:

The executor refuses to provide estate accounts
Ignores reasonable requests for information or,
Fails to keep beneficiaries informed for an extended period

then this may form part of a wider case for removal, particularly if it indicates mismanagement or delay.

What happens if the executor has already distributed the estate incorrectly?

If assets have been wrongly distributed:

The executor may be personally liable to repay the estate.
Beneficiaries may bring a claim for breach of fiduciary duty.

Removal may still be appropriate, but financial recovery will depend on the circumstances.

Can you remove an executor before death?

No. You cannot remove an executor while the person who made the Will is still alive.

The testator can change their Will at any time (provided they have capacity), including appointing a different executor. After death, the only route is voluntary renunciation or court removal.

Will removing an executor delay the estate further?

Possibly — but in many cases, leaving an unsuitable executor in place causes greater delay and financial loss. The court’s aim is to ensure the estate can be administered properly and efficiently going forward.

Why Specialist Legal Advice Is Essential

Attempting to remove an executor without legal advice can be difficult and risky. Specialist guidance will help you understand the correct procedure, assess whether you have strong legal grounds, and present your case effectively to the court. It is also important to obtain advice on potential cost consequences, as you may be ordered to pay the other party’s legal costs if your application is unsuccessful.

To help avoid these challenges, our team can assist you in:

Advising you on the merits of your case;
Engaging with the executor or their legal representatives; and
Preparing your case for court, where necessary.

If you are unsure about your position, it is important to seek advice at an early stage. Our Head of Contentious Probate and Estates, Daisy Tester, will be pleased to discuss your concerns, review the executor’s conduct, and assess your legal options. We will provide clear, practical guidance to help you understand the strength of your position and the steps available to you.

Contact our team today on 01273 604123 or via email at enquire@bbc-law.co.uk or make an enquiry.

Insights