Contentious probate and actions to remove executors

Hammersmith Litigation Solicitor Maya Elci considers issues that can arise during estate disputes. Estate disputes can be stressful, time consuming and costly, however at Hubbard Pegman & Whitney LLP we assist our clients to ensure the matter is dealt with in a timely and cost efficient manner.

Actions to remove executors

In administration of estates, disputes can arise between beneficiaries and executors. Disputes can be surrounding issues of assets within the estate, the executor’s action, expenses and the overall suitability of executors.

If a beneficiary has reasonable grounds, it is possible for them to apply to the court to remove/substitute an executor, although Court proceedings should always be used as the last resort and therefore attempts must be made to resolve matters amicably.

It is important to note that such Applications must be made before obtaining of a grant of probate.

Applications are made to High Court pursuant to section 50 Administration of Justice Act 1985.  Alternatively, an application can be made to the Probate Registry pursuant to section 116 Senior Courts Act 1981 .

Section 50 states that:

“(1) Where an application relating to the estate of a deceased person is made to the High Court under this subsection by or on behalf of a personal representative of the deceased or a beneficiary of the estate, the court may in its discretion—

(a) appoint a person (in this section called a substituted personal representative) to act as personal representative of the deceased in place of the existing personal representative or representatives of the deceased or any of them; or

(b) if there are two or more existing personal representatives of the deceased, terminate the appointment of one or more, but not all, of those persons.”

Hammersmith Litigation Solicitor Maya Elci notes that there is much case law in this area, nevertheless, each case is considered on its facts and the applicant must have a strong reason for making such an application. Such reasons would include any actions that adversely affect the administration of the estate and the interests of the beneficiaries. Such allegation must be supported by evidence to show that the executors is in breach of the fiduciary duty owed.

If you have any queries about landlord and tenant matters please contact Maya Elci on me@hpwsolicitors.co.uk