How Do You Remove an Executor From a Will?
If you have inherited a legacy, whether it is a part share in a house or a cash gift, you are reliant on the executors of the estate to sort out probate, gather in the assets, and then distribute the assets in accordance with the deceased’s Will.
For expert Will writing and probate advice, call our team of specialist Will and probate lawyers or complete our online enquiry form.
The executors of a Will
The executors of a Will are people chosen by the deceased to handle their Will. The executors could be family members, friends, or professionals, such as a solicitor, accountant, or the bank.
Appointing a probate solicitor
If the executors are friends or family of the deceased, then the executors can hand over a lot of the responsibility for sorting out the deceased’s estate by instructing a probate solicitor to administer the probate, the sale of assets, and the distribution of legacies to beneficiaries. Most lay people take this option as they are honouring the appointment made in the deceased’s Will, but not leaving themselves open to criticisms about delays in payment of legacies or problems with securing probate.
Problems with executors
Here are some examples of problems that beneficiaries can experience with the probate process:
- A friend or family member appointed as an executor may not get on with the other executors or with the beneficiaries. This can lead to a lack of trust and frustration due to delays.
- The executor may say that they want to sort out the probate themselves without instructing a probate solicitor, leaving the beneficiaries fearing there will be a delay in sorting out the estate and the payment of legacies.
- The deceased may have appointed a bank as his or her executor not appreciating that the bank’s charges for handling the estate may be a lot more than a local Cheshire probate solicitor. The additional administrative charges might be an issue for the beneficiaries, as the costs of sorting out probate and administering the estate will be deducted from the estate before the remaining estate, after payment of any legacies, is divided between the residuary beneficiaries.
How do you remove an executor from a Will?
If you think that an executor is not up to the job, or think that they are too slow, or maybe acting improperly, then a court application can be made. The court can make a wide range of orders, including an order to remove an executor.
Cheshire probate solicitors usually recommend that you try to resolve the difficulties with an executor first before starting court proceedings. Sadly, that isn’t always possible. As a last resort, court proceedings can be started to secure an order to remove an executor.
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Avoiding executor problems
A specialist Will solicitor will discuss the choice of executors when preparing a Will because it is important that the executors are not too elderly or frail to be up to the task and will be able to work with one another.
It is sometimes thought that it does not really matter who the executor is if the executors are going to appoint a solicitor to sort out the estate for them. However, it is still essential to choose your executors with care and to make sure that they are willing to undertake the task for you.
For expert Will writing and probate advice, call our team of specialist Will and probate lawyers or complete our online enquiry form.
