I want to get an Executor removed via the Court

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An application to remove an executor asssuming who has already obtained probate must be made under Section 50 of the Administration of Justice Act 1985. This allows the Court to make an Order appointing a substitute executor or terminate the appointment of an executor when there is more than one appointed.

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Thank you for your patience. Not everyone can apply to have an executor removed. You would have to be a co-executor or a beneficiary or representative of either.

You would have to prove serious misbehaviour before the court or the Probate Registry will even consider forcing an executor to step down. In general, the courts will only remove an executor if you can show the following:

1. the executor has become disqualified since the deceased appointed him
2. the executor is incapable of performing his duties
3. the executor is unsuitable for the position.                                                                         Your  application must be made according to Civil Procedure Rules 57.13. If proceedings regarding an inheritance dispute have already commenced, then such an application is made by application notice (So Form N244). However, if there are no proceedings, then a part 8 claim needs to be made and this you use Form N208.  The application must be supported by the following:  A certified sealed copy of the grant of probate or letters of administration; A witness statement setting out the reasons why the removal or substitution of the executor is sought (referring to his disqualification, incapacity or unsuitability as per above).; Particulars of the deceased's assets and liabilities, those who have documents relating to the estate, names of beneficiaries and details of their interest and the proposed individual to substitute the executor; Unless the proposed executor is the official solicitor, his signed or sealed consent to act; A witness statement of the proposed executor's fitness to act in such capacity, if he is an individual