How Much Does it Cost to Remove an Executor? (UK)

Executors play a crucial role in the administration of a deceased person's estate by carrying out the deceased's wishes and distributing estate assets correctly. However, when an executor fails to fulfil their legal duties or acts unreasonably, it can cause delays, disputes and mismanagement, prompting the need for their removal. The need for the removal of executors can arise due to issues such as serious misconduct, conflict of interest or incapacity, impacting the interests of residuary beneficiaries.

Removing an executor is often considered a last resort, but it is sometimes the only option to ensure the proper administration of the estate. While the process can be made more straightforward with the assistance of a solicitor, it involves certain legal costs and court proceedings that vary depending on the complexity of the case and the actions of the executor. Understanding these costs and the factors influencing them is vital before proceeding with legal action.

In this blog, JMW explores the removal of executors, the legal costs involved, and the steps you can take to manage and minimise expenses. We also discuss the importance of addressing executor disputes promptly to safeguard the deceased's estate and the interests of beneficiaries.

What Is an Executor and What Is Their Role?

An executor is a person or entity, such as a solicitor, named in a will to manage the administration of a deceased person's estate. This role carries significant legal responsibilities, including ensuring the wishes outlined in the deceased's will are carried out and that the estate is handled efficiently and in the best interests of the beneficiaries. Executors must follow the provisions of the Administration of Justice Act and adhere to the Civil Procedure Rules when disputes arise.

An executor’s primary duties include:

• Paying debts and taxes: This includes settling liabilities such as funeral expenses, paying outstanding debts, and completing tax returns.
• Managing and valuing estate assets: Executors must create a full inventory of the estate, including real and personal estate, and uphold proper maintenance and protection of these assets until they are ready for distribution.
• Distributing assets to beneficiaries: Executors must adhere to the instructions in the will or the rules of intestacy (where someone does not leave a will) by ensuring that all residuary beneficiaries receive their rightful inheritance.
• Providing Estate Accounts: Executors are required to maintain accurate accounting records and share them with beneficiaries when requested.

An executor must act with integrity, impartiality, and in the best interests of the estate. If they fail to fulfil these duties or act contrary to their responsibilities, disputes may arise that necessitate their removal.

How to Remove an Executor From a Will (UK)

Removing an executor is a serious step and requires valid legal grounds supported by evidence. Executors are expected to act in accordance with their legal duty to administer the estate efficiently, fairly, and in the best interests of the beneficiaries. When they fail to do so, the removal of executors may become necessary to protect the deceased's estate and have it administered properly.

The court typically considers removal only when there is clear evidence of a significant breach of duty or an inability to perform the required tasks. Valid reasons that can lead to the removal of an executor include:

• Serious misconduct
• Mismanagement of estate assets, such as improper sale or disposal of property.
• Failure to distribute estate assets according to the will or applicable laws.
• Neglecting to provide accurate estate accounts or withholding key documents relating to the estate.
• Fraud or dishonesty in handling the estate’s finances.
• Failure to perform duties correctly
• Delays in applying for the grant of probate, which can stall the administration process.
• Failing to pay estate debts or tax liabilities, leading to penalties or financial loss.
• Ignoring the interests of residuary beneficiaries or causing financial harm.
• Conflict of interest
• Acting in a way that prioritises their personal interests over the estate or beneficiaries.
• Allowing the executor’s relationship with beneficiaries to result in biased decision-making.
• Incapacity to act
• A physical or mental disability that prevents the executor from performing their role.
• A lack of expertise or understanding, especially in managing complex estate matters.
• Acting unreasonably
• Refusal to collaborate with other executors or beneficiaries, hindering progress.
• Ignoring reasonable requests for updates, financial statements, or other vital information.

Not all disputes with an executor amount to grounds for removal. For example:

• Beneficiaries and executors may disagree on decisions, but this does not necessarily indicate a breach of duty.
• Minor delays in the administration process rarely justify legal action.
• Personal dislike or a poor relationship with the executor is insufficient, unless it results in tangible harm to the estate or beneficiaries.

To succeed in a removal application, you must provide evidence that supports your claim. This may include accounting records, witness statements, or documents relating to estate assets that demonstrate mismanagement or improper allocation of funds.

How Much Does it Cost to Have an Executor Removed?

The process of removing an executor can entail various legal costs, which are essential to anticipate and understand. Below, we outline the key expenses involved:

• Legal costs: Consulting a solicitor is often the first step when seeking the removal of an executor. These legal fees can vary based on the complexity of the case and the level of expertise required. At JMW, we offer a fixed fee wherever possible to provide an initial assessment of the prospects for success. However, it is worth noting that cases involving the removal of executors often become more intricate, requiring extended court proceedings or additional legal action.
• Court fees: If the dispute escalates to the stage of a court application, court fees will apply. These fees depend on the nature of the proceedings, the complexity of the dispute, and the duration of the time spent in court.
• Costs for mediation or alternative dispute resolution (ADR): Before resorting to formal court intervention, parties may engage in mediation or alternative dispute resolution. While typically less expensive than litigation, these processes still incur costs, including fees for professional mediators or facilitators. Mediation can be a practical way to resolve disputes efficiently and reduce the legal costs involved.
• Additional potential costs: Depending on the specifics of the case, there may be additional expenses, such as:
• Fees for expert witnesses to provide evidence or analysis regarding estate assets or accounting records.
• Costs associated with obtaining certified sealed copies of court orders or other legal documents.
• Additional solicitor fees for handling documents relating to complex disputes or estates.

Your solicitor will assess the legal complexity of your situation and provide detailed guidance on anticipated costs for removing an executor.

How Long Does it Take to Remove an Executor?

The time it takes to remove an executor varies depending on the complexity of the case, the nature of the dispute, and whether the executor opposes the removal. This, in turn, will affect the overall costs. Factors include:

• The complexity of the estate: Estates with varied or international assets, or those involving extensive real and personal estate, often require more time and resources to manage. Such cases tend to incur higher costs due to the intricate nature of the resulting estate administration.
• The nature of the dispute: The reasons for seeking the removal of an executor can range from minor misunderstandings to allegations of serious misconduct. More contentious disputes, especially those involving accusations of fraud, mismanagement, or failure to fulfil the executor’s legal duty, require greater effort and resources, leading to higher costs.
• Legal procedures and court schedules: Court timelines are another determining factor. When submitting a court application for the removal of an executor, you must adhere to the Civil Procedure Rules, which include multiple stages such as filing the claim and then evidence, hearings, and sometimes they may seek to compel the parties to try and resolve their dispute without a hearing. Delays can occur due to backlogs at the probate registry or the senior courts, particularly in contested cases.
• Executor opposition: If the executor contests the application for removal, the case is likely to be more complicated and more expensive as additional evidence may be required.
• Appointment of a replacement executor: Once an executor is removed, the court may appoint a replacement executor. The process of identifying and approving this new personal representative can add time and cost, especially if the replacement is contested or the original will is unclear.

If the removal is straightforward and uncontested, the process may take as little as three to six months, especially if it resolves through negotiation or sealed consent between parties. Cases involving serious disputes or complex estate administration can take 12-18 months or longer, depending on the level of opposition and the court’s schedule.

Can an Executor Remove Another Executor?

When a deceased person names more than one executor in their will, all appointed executors share the responsibility of managing the estate. This arrangement can work well when executors collaborate effectively, but conflicts may arise, particularly in complex or contentious estates.

An executor cannot remove another executor unilaterally. However, they can apply to the High Court for a court order to remove a co-executor if valid grounds exist. This involves presenting evidence, such as witness statements or documents relating to the estate, to demonstrate that the co-executor's actions hinder proper administration or harm beneficiaries' interests.

Before resorting to legal action, alternatives such as mediation or negotiation may help resolve disputes efficiently, avoiding unnecessary delays and costs. Courts generally consider removal a last resort and require compelling reasons to act in the estate's and beneficiaries' best interests. If removal is granted, the court may appoint a replacement executor or allow the remaining executors to continue.

How Can You Manage and Minimise Expenses When Removing an Executor?

Removing an executor can involve significant costs, but careful planning and informed decisions can help manage and minimise these expenses:

• Engage a solicitor early: Hiring a solicitor at the outset provides clarity on the feasibility of removing an executor and the potential legal costs involved. A solicitor can assess your case, identify the most effective strategy, and help you avoid mistakes that could lead to higher costs later. This early guidance will enable you to make informed decisions and avoid unnecessary legal battles.
• Explore mediation and alternative dispute resolution: Before resorting to court proceedings, consider mediation as a cost-effective way to resolve disputes. Mediation often leads to faster resolutions, reducing the duration of the conflict and associated legal costs. Alternative dispute resolution methods can also help preserve relationships among parties, which may be important depending on the parties involved.
• Keep detailed records: Maintaining accurate and thorough records of all interactions and decisions related to the estate can be invaluable. Documenting communications, actions taken by the executor, and any concerns can help resolve disputes more efficiently. If legal action becomes necessary, these records will serve as crucial evidence to support your claim.
• Maintain open communication: Staying informed about the estate’s administration and keeping open lines of communication with the executor can prevent misunderstandings. Early discussions can often de-escalate potential disputes and reduce the likelihood of costly legal intervention.

By taking these proactive steps, you can manage the process effectively, reduce expenses, and ensure the estate is administered in line with the deceased’s wishes. Consulting an experienced solicitor remains a key part of this approach, providing expertise and support tailored to your circumstances.

What Measures Can You Take to Prevent Probate Disputes and Unnecessary Costs?

Preventing probate disputes requires proactive steps to maintain clarity and deliver effective estate administration. Here are key measures to reduce conflicts and avoid unnecessary costs:

• Choose executors wisely: Appoint trustworthy and capable executors. For complex estates, consider a professional executor who can remain impartial and minimise risks.
• Draft a clear will: A well-written will, with clear instructions for distributing estate assets, reduces ambiguity and challenges. Legal advice will confirm that the will is legally valid, unambiguous and robust.
• Communicate with beneficiaries: Transparency about the estate’s administration, including updates on estate accounts and key decisions, helps address concerns early.
• Maintain good record-keeping: Executors should document all actions, such as payments, an inventory of assets, and key documents relating to the estate, to provide transparency and prove compliance with their legal duties.
• Seek legal advice promptly: If disputes arise, consult a solicitor early to explore options and manage issues to try and resolve any difficulties quickly and at minimal cost.

By implementing these strategies, you can reduce the likelihood of disputes, save costs, and ensure the estate is administered smoothly. JMW Solicitors provides expert guidance to help you navigate these matters effectively.