Posted: Friday, 4 January 2019 @ 13:43
Removing an executor is a last resort and this can be dome under s. 50
of the Administration of Justice Act 1985.
A dated case but still relevant is Heyman v Dobson  EWHC
3503, where a residuary beneficiary brought an application under s.50 having
been unable to obtain a response from the executor to requests for
information regarding the estate.
This case shows influencing the judge is pivotal as s.50 application
will succeed is a matter for the discretion of the court and that the
overriding considerations are broadly the proper administration of the estate
and the welfare of the beneficiaries. I
Fundamentally it is not necessary to
find wrongdoing or fault by the executor.
The court will
generally replace an executor where say the relationship between the executor and the
beneficiaries have simply broken down to such an extent that it is no longer possible
to progress the administration of the estate in a proper way.
Therefore fraud is not necessary to allege to remove the executor.