If an appointed executor is not performing their duties in a professional manner, has become unable to perform them or is outright refusing to do so, you may want to consider trying to remove them from their position. The grieving process can be stressful enough without having to deal with difficulties caused by those who have responsibilities and are not meeting them. 

Fortunately, beneficiaries and those involved with wills may be able to remove a problematic executor, but there are a number of things that must be done before it is possible, and help from a legal professional should be sought to avoid further confusion and delay. Here, the experts at JMW explain how to remove an executor from a will and when this might be the right decision.

The Process of Removing an Executor from a Will

Firstly, to avoid any unnecessary legal action which may be time consuming and expensive, simply try asking the problematic executor if they will willingly relinquish the role. If you have tried to resolve the issue privately without any success, however, you should proceed with the following steps.

Regardless of which reason you have to want to remove them, you will be required to write a letter to the executor requesting that they explain why they have acted in the way they have and give them an opportunity to remedy the situation. If the executor’s reasoning is not satisfactory, they refuse to act properly, or they do not respond, you may proceed by making an application to the court in order to remove them.

Additionally, you will also need to appoint a new person to the role in order to lawfully conduct the wills and estate proceedings so you need to bear in mind who might be suitable and able to act. You can try to appoint an independent professional if you wish and this is often beneficial if there are underlying disputes between the beneficiaries. 

In this application, you will need to include the following:

• The original letter granting probate or administration rights to the executor
• A statement detailing the reasons why the beneficiaries want the executor to be removed
• Documents detailing the items included in the estate and the names of the beneficiaries
• The details of the person who will replace the executor and a witness statement detailing their suitability
• The proposed executor’s signed consent to undertake the role

What Do I Need to Prove to Remove an Executor from a Will?

To successfully remove an appointed executor from a will, the beneficiaries and others involved with the will must be able to prove to the court that the executor is unsuitable for the position or incapable of carrying out their duties. 

Disqualification occurs automatically if the executor commits a crime and is sent to jail. If they have been accused of a crime, it may also be possible to have them removed before they are sentenced, but to do so you must provide evidence of the accusation. To help you to do so, seek advice from a professional solicitor.

An executor might become incapable of carrying out their duties if they sustain an injury or suffer from a physical or mental disability. In this case, evidence of the restricting factor will have to be provided to the court. This may be easy to achieve if the executor is willing, but if they are not, you may have to take legal action in order to acquire the necessary information from them.

To be considered unsuitable for the role, an executor must have done something unlawful that is directly involved with the matter of will or estate. For example, they may have stolen from it, managed the estate or will poorly, or failed to uphold one or more of their key responsibilities. Misconduct can be difficult to prove and could lead to further legal implications for the executor; therefore, this should not be pursued without the help of a legal expert.

Once sufficient evidence for the above factors has been obtained, it should be presented to the court. The court will then make the decision as to whether the executor should be removed and, if so, who should be appointed in their place.