Home Legal Services Contested Wills, Probate and Estates
When an executor isn’t doing their job properly, it can leave you feeling powerless while your loved one’s estate sits in limbo. You shouldn’t have to watch assets diminish, debts mount up, or wait years for what’s rightfully yours. We’ll help you understand your options and take the right steps to protect the estate and the people who depend on it.
Get a free, no-obligation chat with our contested wills and probate team, call us on 02920 829 100 or use our Contact us form.
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Dealing with a difficult executor is frustrating at the best of times. When someone is dragging their feet, mishandling assets, or simply refusing to communicate, it adds stress to what’s already a painful situation.
The good news? You’re not stuck with a problematic executor. The law provides ways to remove someone who isn’t fulfilling their duties properly. But it’s not always straightforward, and taking the wrong approach can be costly and time-consuming.
That’s where we come in. Our contentious probate team has helped many beneficiaries and co-executors deal with exactly this situation. We’ll give you an honest assessment of where you stand, explain what’s realistic, and if court action is needed, guide you through every step.
Want to talk through your situation? Call us on 02920 829 100 or use our Contact us form.
You can’t remove an executor simply because you don’t get along or disagree with their decisions. Courts respect the wishes of the person who made the will, so they won’t intervene without good reason.
But if an executor is genuinely failing in their duties, you have options. The court can step in under Section 50 of the Administration of Justice Act 1985 to remove an executor and appoint someone else in their place.
The main grounds for removing an executor include:
Serious misconduct or breach of duty This covers situations where an executor is misusing estate funds, selling assets to themselves at undervalue, or prioritising their own interests over the beneficiaries’. Self-dealing is a red flag the courts take seriously.
Incapacity If an executor can no longer carry out their duties due to physical or mental health issues, they may need to be replaced. You’ll need medical evidence to support this.
Disqualification An executor who has been convicted of a criminal offence and imprisoned becomes automatically disqualified from acting.
Excessive delay While some estates take longer than others, if an executor is dragging things out unreasonably, keeping beneficiaries waiting for years, failing to progress the administration, or simply going silent, this can justify removal.
Conflict of interest Where an executor’s personal interests clash with their duty to the estate, and they can’t demonstrate they’re acting in everyone’s best interests, the court may step in.
Breakdown of relationships On its own, friction between an executor and beneficiaries isn’t enough. But if the relationship has deteriorated to the point where it’s genuinely impeding the administration of the estate, this becomes relevant.
The key question for the court is always: is this executor’s continued involvement harming the estate or the beneficiaries? If the answer is yes, removal becomes a real possibility.
If the executor hasn’t yet obtained probate and hasn’t started dealing with the estate (what lawyers call “intermeddling”), the situation is simpler. An executor who hasn’t intermeddled can voluntarily step down by signing a Deed of Renunciation.
This is often the best outcome. No court proceedings, no legal costs eating into the estate, and a clean handover to someone more suitable.
We can write to the executor on your behalf, explain the concerns, and ask them to consider stepping aside. Many executors are relieved to hand over responsibility once they understand the weight of what’s involved.
If they refuse and there are special circumstances, an application can be made to the Probate Registry under Section 116 of the Senior Courts Act 1981 to have someone else appointed instead.
Once an executor has obtained probate or started dealing with estate assets, they can’t simply resign. They’ve accepted the role and are committed to seeing it through.
In this situation, the only way to remove them is by applying to the High Court under Section 50 of the Administration of Justice Act 1985. This is a more involved process, but it’s designed precisely for situations where an executor is failing in their duties.
The court has discretion over whether to remove an executor. Judges look at:
The court doesn’t need to find that the executor has done something wrong. If there’s a good arguable case that their continued involvement risks harming the estate, that may be enough.
Before taking any formal steps, you need to understand what’s actually happening with the estate. We’ll help you:
Court proceedings should be a last resort. Before issuing any application, we’ll write a detailed letter to the executor setting out your concerns and giving them a chance to respond or step aside voluntarily.
This isn’t just good practice. Courts expect it, and jumping straight to litigation without trying to resolve things first can count against you on costs.
Sometimes the problem can be resolved without removing the executor entirely:
If the executor is simply struggling rather than acting in bad faith, supporting them to do the job properly may be quicker and cheaper than replacement.
If informal approaches don’t work, we’ll prepare and issue an application to the High Court. This involves:
The executor has the right to respond and oppose the application. If they do, there may be a court hearing where both sides present their case.
If the court orders the executor’s removal, it will also appoint a replacement. This might be:
The removed executor must hand over all estate documents and information to their replacement.
Timelines vary depending on whether the executor cooperates or contests the application.
If the executor agrees to step down: A few weeks to a couple of months.
If court proceedings are needed: Typically 6 to 12 months, sometimes longer for complex cases or heavily contested applications.
The complexity of the estate, the strength of your evidence, and court availability all play a role. We’ll give you realistic expectations based on your specific situation.
The cost of removing an executor depends on several factors:
If resolved without court proceedings: Costs are typically lower, often a few thousand pounds for correspondence and negotiation.
If court proceedings are needed: Costs can range from £10,000 to £30,000 or more, depending on complexity and whether there’s a contested hearing.
If your application succeeds, the court often orders that costs come from the estate or are paid personally by the removed executor (particularly if their misconduct caused the problem).
If you bring an application and lose, you may be ordered to pay the executor’s costs as well as your own.
We’ll discuss funding options with you at the outset, including whether a deferred fee arrangement might work for your situation.
Choosing a law firm is a big decision. You want experts who actually understand your situation, respond when you need them, and give you straight answers. That’s us. We’re one of Wales’ leading commercial law firms, and we do things a little differently.
You won’t be passed through layers of gatekeepers here. When you call, you’ll speak to the solicitor handling your matter. You’ll have their mobile number, their email, and a genuine working relationship. Our clients tell us this makes all the difference.
We don’t work in silos. Our team shares knowledge across departments, jumps in on each other’s projects, and stays close to every case. So if your usual contact is unavailable, someone else can step in quickly, without a formal handover and without missing a beat. Better continuity for you, and faster results.
Devolved decision-making and flexible working hours mean we can move at pace. You’ll get faster responses, even outside regular office hours. Need an urgent answer on a Friday evening? We’re set up for exactly that.
Getting to know our clients properly matters to us. Face-to-face meetings, regular catch-ups, and real effort into building lasting relationships. Plenty of larger firms aren’t prepared to do that. We are.
You’ll always get the full picture from us. Clear options, each with its own risk level, so you can make informed decisions. No sugar-coating, no hedging. Just practical guidance and high-quality legal work at a fair price.
We’re the leading commercial law firm with offices in South and North Wales offering Welsh language legal services at every level, from trainees right through to partners. This isn’t an add-on or a tick-box exercise. It’s part of who we are. If you need a solicitor who can work fluently in Welsh, you’ll find that expertise right across our team.
1. Free Initial Conversation We’ll talk through your situation, understand what’s happening with the estate, and give you an honest view of your options. No obligation, no pressure.
2. Case Assessment If we think you have a case, we’ll explain the likely process, realistic timelines, and what it might cost. We’ll also discuss funding options.
3. Pre-Action Steps We’ll write to the executor, request information, and try to resolve things without court proceedings where possible.
4. Court Application (If Needed) If court action becomes necessary, we’ll handle everything: preparing your evidence, drafting the application, and representing you through the process.
5. Resolution and Handover Once the executor is removed, we’ll help ensure a smooth handover to the replacement and that the estate can finally be administered properly.
We believe in being upfront about costs. At your initial consultation, we’ll discuss:
Common funding options for executor removal cases:
Your presentation of evidence was brilliant, and was hugely uplifting to read. Thank you for all your advice and help along the way which enabled this outcome.
Mrs R Jones
No. Personal disagreements or personality clashes aren’t enough. You need to show that the executor is actually failing in their duties, whether through misconduct, incapacity, excessive delay, or conflict of interest. Courts respect the deceased’s choice of executor and won’t override it without good reason.
Intermeddling means taking steps to deal with the estate beyond simply arranging the funeral or protecting assets. It includes things like selling property, paying debts from estate funds, collecting assets, or holding yourself out as executor to third parties. Once someone has intermeddled, they can’t simply resign. They’re committed to the role unless a court removes them.
If they haven’t intermeddled or obtained probate, yes. They can sign a Deed of Renunciation and step aside. But once they’ve started dealing with the estate, they can’t just quit. They either need to complete the administration or apply to the court to be removed.
Beneficiaries have a right to be kept “reasonably informed” about the estate’s progress. If an executor is stonewalling, we can write formally demanding information. If that doesn’t work, there are court procedures to compel them to provide accounts and information about the estate.
The executor remains in post until the court orders otherwise. In urgent cases, where there’s a risk of assets being dissipated or lost, we can ask the court for interim orders to protect the estate while the main application is decided.
Yes. Professional executors can be removed on the same grounds as lay executors. In fact, professional executors are held to a higher standard and are expected to have the skills and knowledge to administer estates properly. If they’re charging significant fees but not delivering, this can strengthen a case for removal.
The court can remove one executor while leaving others in place. It can also appoint an additional executor to work alongside the remaining ones, providing oversight and moving things forward.
You’ll need to propose a replacement when you make your application. The court will consider whether they’re suitable. Often, an independent professional executor is appointed, especially where family relationships have broken down. This avoids the same conflicts arising again.
Usually, yes. If your application succeeds, the court often orders that your costs come from the estate or are paid personally by the removed executor. But costs are always at the court’s discretion, and you may not recover everything. We’ll discuss the costs risks with you before you commit to proceedings.
There’s no strict time limit. You can apply at any point if the executor is failing in their duties. But it’s generally better to act sooner rather than later, before problems escalate and estate assets diminish.
Yes. If the named executor hasn’t yet obtained probate, you can apply under Section 116 of the Senior Courts Act 1981 to have someone else appointed instead. This is often quicker and cheaper than waiting until after probate and then applying under Section 50.
They go together. The court can’t just remove an executor and leave no one in charge. When it removes an executor, it must also appoint a replacement to take over the administration. That replacement might be another named executor, a beneficiary, or an independent professional.
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We’re happy to meet clients at either office, arrange home visits where needed, or work by video call if that’s more convenient for you.
Dealing with a problematic executor is stressful, but you don’t have to face it alone. We’ll give you an honest assessment of your options and help you take the right steps to protect your interests and the estate.
Get a free, no-obligation chat with our contested wills and probate team, call us on 02920 829 100 or use our Contact us form.
To speak to one of our experts today, please contact us on 02920 829 100 or by using our Contact Us form for a free initial chat to see how we can help.
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