Removing an executor

If you as the beneficiary of an estate have concerns regarding the ability of an Executor to perform his or her duties, you ( with your co-beneficiaries ) should firstly write to the Executor and ask him to explain his actions.  If an explanation is not forthcoming or the you  are not satisfied by the Executors’ explanation, you can make an application to Court to remove or substitute the Executor.

The Fridaysmove Team can write to the executor, whether it be a bank or solicitor and try to gain authority to act on your behalf.  Banks, building societies and solicitors charges are often significantly more expensive than Fridays, so it is well worth investigating whether renouncing your executor is possible. Contact the Fridaysmove probate team for more information.

If you  encounter problems with a solicitor refusing to give up their position a executor then we can speak to someone more senior at the law firm they work at or contact the Solicitor Regulatory Authority.

An Executor’s duties are defined in what is called “The Executors Oath” and found at Section 25 of the 1925 Administration of Estates Act :

a) to collect and get in the real and personal Estate of the Deceased and administer it accordingly to law;
b) when required to do so by the Court, exhibit on Oath in the Court a full inventory of the Estate and when so required render an account of the administration of the Estate to the Court; and
c) when required to do so by the High Court, deliver up the Grant of Probate or administration to that Court.

For a no obligation chat about removing and substituting executors or even a discussion about the obligations of an executor please feel free to contact the Probate Team at Fridays