What can I do if an Executor refuses to administer the Estate?

The Executor, is a person who is named in a Will as the person who on the death of the Testator (the person who made the Will), has the legal responsibility is to administer the estate in accordance with the terms of the Will.

When making a Will, people often appoint their spouse or close family members to act as Executors because the Executorship places them in a position of trust. Alternatively, a person may choose to appoint professionals such as solicitors and bankers to act as Executors and for them to administer their estate after their death. A Will can also appoint joint executors, such as a family member alongside a professional.

Responsibilities of an Executor of a Will

When a person dies, the Executor named in their Will, has many legal responsibilities, which should not be taken lightly. The Executor has a duty to gather in the deceased’s estate, value the estate, complete the appropriate Inheritance Tax forms, pay any outstanding debts and then distribute the estate according to the terms of the Will. The executor must also produce estate accounts to show how the assets have been managed.

In many cases and depending on the nature of the assets in the estate, the Executor Will need to obtain a Grant of Probate, which gives them the legal authority to administer the estate. Obtaining the Grant of Probate can take up to three months following making the application with the Probate Registry and Executors are advised to wait at least 10 months after the Grant has been obtained before distributing the estate to protect themselves from personal liability in case a claim is brought against the Estate.

While most people understand that the Executor does not need to provide daily updates, there are instances in which the Executor may be unresponsive to questions or concerns. In some instances, the beneficiaries may have concerns regarding the behaviour of the Executor and may be worried that the Executor is not acting appropriately and carrying out their legal duties.

Can an Executor of a Will be removed?

An Executor is the person appointed in a person’s Will to administer their Estate on death. If the deceased died without leaving a Will, then an Administrator would take on this responsibility.  The key function of an Executor is to remain independent and uphold the terms of the will. They have duties to gather in the Deceased’s Estate and to distribute it in accordance with the terms of the Will or under the Intestacy Rules where there is no Will.

If an Executor appointed by the Will does not want to act or is incapable of acting, they can renounce their position without taking on the role. If an Executor has already started the process of administering the estate such as gathering in the assets and paying estate debts and applied for a Grant of Probate, they may have intermeddled in the Estate. This may affect the process of removing an Executor and therefore expert legal advice from a Contentious Probate Solicitor should be obtained to ensure the correct application is made.

If the Executor is not carrying out their duties correctly, or are not administering the estate in a timely manner or in accordance with the terms of the Will, there are steps that can be taken by beneficiaries.

As a beneficiary, you can apply to the Court to ask that another individual is appointed to administer the estate. However, the reasons for which an Executor may be removed from their role are limited and the Court is not likely to remove an Executor because the beneficiaries do not get along with the Executor and so it is important to seek advice in each particular case to see whether an application to remove the Executor is likely to be successful.

Before applying to the Court you should make the Executor aware of your concerns and inform them of what you intend to do if they do not perform their duties. A letter from a solicitor warning the current Executor that an application will be made for their removal, may be enough to encourage the Executor to act accordingly. It could be that they have other responsibilities and simply have not given the task the attention it needs.

Typically, an Executor is removed when they have been convicted of a crime, are mentally or physically disabled and cannot continue their duties, or if they have mismanaged the estate assets or have acted dishonestly including stealing from the Estate.

If the concerns about the behaviour of the Executor still remain, you may be able to make an application to the Court to seek an Order for the current Executor to be removed. This can be a lengthy and difficult process, as the Court will not remove an Executor unless there is serious concerns regarding their behaviour so seeking expert legal advice from a Contentious Probate Solicitor is advisable.

Laura Pracy, Contentious Probate Solicitor and Head of Inheritance and Will Disputes at Pearson Solicitors, said:

“There are occasions when Executors do not act properly and, in extreme cases, need to be removed. This can be a difficult and lengthy process and a solicitor will be able to help deal you with it so that they carry out their functions correctly, or are replaced.”

How can we help?

For legal advice on bringing a claim under the Inheritance Act or to remove an Executor of a Will contact our expert Contentious Probate Solicitors on 0161 785 3500 or email contentiousprobate@pearsonlegal.co.uk.

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Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.