Common Executor Disputes
Removing an Executor — s.50 Administration of Justice Act 1985
The court has the power to remove an executor and appoint a substitute under s.50 Administration of Justice Act 1985. The court considers the interests of the beneficiaries as the paramount consideration. Grounds for removal include:
- Dishonesty — an executor who misappropriates estate funds, falsifies accounts, or benefits personally from the estate at the beneficiaries' expense
- Conflict of interest — an executor who has an irreconcilable conflict between their personal interests and their duties to the estate
- Incapacity — mental or physical incapacity that prevents the executor from carrying out their duties
- Hostile relations — where the relationship between the executor and the beneficiaries has broken down so completely that the administration cannot proceed
- Persistent inaction — where the executor repeatedly fails to progress the administration despite court orders or warnings
An application to remove an executor can also seek the appointment of a professional administrator (such as a trust corporation or solicitor) in their place, to ensure the estate is properly administered.
Frequently Asked Questions
Can a beneficiary force an executor to distribute the estate?
Yes. After the Executor's Year (one year from death), a beneficiary who has not received their inheritance can apply to court for an order requiring the executor to distribute. The executor must have a good reason for the delay — complex litigation, unsettled tax, or missing beneficiaries — or the court will order distribution and may order the executor to pay the beneficiary's costs.
What can I do if I think the executor is stealing from the estate?
A solicitor can apply for a court order requiring the executor to produce accounts and supporting documentation. If misappropriation is confirmed or strongly suspected, the solicitor applies for an injunction freezing estate assets and for the appointment of a receiver or substitute administrator. Theft from an estate is also a criminal matter — the executor may face criminal prosecution as well as civil liability.
Can an executor renounce their role?
Yes — an executor who has not intermeddled in the estate (taken no steps to administer it) can renounce their role by signing a Deed of Renunciation. Once an executor has intermeddled, they cannot renounce — they must apply to court for an order discharging them or removing them and appointing a substitute. A solicitor advises on whether renunciation or a court application is appropriate.
What is a passing of accounts action?
A formal court procedure in which a beneficiary (or the court itself) requires the executor to produce estate accounts for scrutiny. The accounts show all assets collected, all liabilities paid, all expenses charged, and the balance available for distribution. The court approves the accounts or orders the executor to explain and make good any discrepancy. A passing of accounts is appropriate where the executor refuses to provide accounts voluntarily or where the accounts provided are incomplete or suspicious.
Are joint executors required to act together?
Yes — where executors are appointed to act jointly (not jointly and severally), all executors must agree to every transaction. A single executor cannot sell estate property, withdraw funds, or make distributions without the agreement of all co-executors. Where co-executors are deadlocked, the court can be asked to give directions, appoint an additional executor with a casting vote, or in extreme cases remove one executor and appoint a substitute.