Removal of executors
A deceased’s person’s estate is administered by an executor or administrator (these may both be referred to as personal representatives).
Personal representatives have a duty to:
- Collect in and distribute estate assets in accordance with the deceased’s will or intestacy
- When required to do so by the court, exhibit on oath a full inventory of the estate
- When so required render an account of the administration of the estate to the court
Issues may arise when the personal representative is unwilling to act, unable to act or cannot be located. In some cases a beneficiary of an estate may feel that the personal representative is biased towards other beneficiaries, that there are unnecessary delays in the administration or that there has been a breakdown in relationships.
It is possible for a beneficiary of an estate, or a fellow personal representative, to apply to court to have a personal representative removed if they consider they are not acting correctly. Such applications can be made before a grant of probate is obtained, or afterwards.
We act for those wishing to remove an executor and for those personal representatives facing calls from others for them to step down.