Call 01279 215580

What Is the Best Way To Remove An Executor?

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 [2007] 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.