Last Updated on 20th February 2025
Removing a co-executor from office
Inheritance dispute solicitor, Chris Holten, looks at a question he is often asked, ‘Can a co-executor be removed?’
What can you do if you have been appointed as an executor of an estate, but find that your co-executor is not cooperating, or worse, abusing their position?
Misconduct by an executor can be highly prejudicial to the administration of an estate, causing delays and even financial loss to the beneficiaries.
Resolving disputes between c0-executors informally
When a dispute between co-executors arises, we usually recommend that you attempt to resolve matters informally if you can. Remind your co-executor of their legal obligations, and tell them that if they refuse to cooperate or act honourably then the matter will need to be brought to the attention of the court. They should be made aware that if formal court proceedings are necessary, then you will ask the court to make an order that they pay the associated legal costs personally.
The legal costs of an application to remove an executor can be substantial, so the prospect of being ordered by the court to pay those costs out of their own pocket can be an effective incentive to cooperate.
Making an application to the court to remove a co-executor
If a dispute between executors cannot be resolved informally, then a co-executor can be removed by order of the court. You can do this by making an application to the court under section 50 of the Administration of Justice Act 1985. Alternatively section 116 of the Senior Courts Act 1981 can be used to ‘pass over’ the executor if they haven’t already been officially appointed with a Grant of Probate.
Judges will not remove an executor without very good reason. A strong case for the co-executor’s removal needs to be presented, focusing on the prejudice that will be caused to the estate and the beneficiaries if a removal order is not made.
Evidence will therefore need to be presented to support allegations of financial misconduct, excessive delay, or conduct endangering estate property.
It is usually insufficient to simply allege that there is friction or bad feeling between the co-executors.
Alternatives to removing a co-executor who is not co-operating
There are alternatives to removing an executor. You could for instance apply to the court for what are known as directions. An order for directions gives the co-executors formal guidance on what steps the court requires them to take. This is what happened in a case we recently dealt with involving a dispute between two co-executors who were siblings. It is worth noting that in that case we were successful in obtaining a costs order against the uncooperative executor.