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Solicitor4All
Solicitor4All, Solicitor
Category: European Law
Satisfied Customers: 7554
Experience:  Director and Principal Solicitor. UK
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I want to get an Executor removed via the Court

Customer Question

I want to get an Executor removed via the Court
Submitted: 16 days ago.
Category: European Law
Expert:  Solicitor4All replied 16 days ago.

Hello! I am Solicitor4All, a law expert with over 15years practice. Thank you for the inquiry. It is my pleasure to assist you today.

Customer: replied 16 days ago.
Ok
Customer: replied 16 days ago.
Are you a solicitor?
Expert:  Solicitor4All replied 16 days ago.

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.

Customer: replied 16 days ago.
Do I apply directly to the Court and if so, what forms do I need?
Expert:  Solicitor4All replied 16 days ago.

Thank you for the brief,

Please leave the matter with me for now, I will respond once done rest assured today. Thank you

Customer: replied 16 days ago.
Ok
Customer: replied 16 days ago.
Expert:  Solicitor4All replied 15 days ago.

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
Expert:  Solicitor4All replied 15 days ago.

Any follow up  please do not hesitate to send your message. I am always glad to assist and to clarify anything. Feel free to come back with any additional questions. All the best,

Customer: replied 15 days ago.
Many thanks,Proceedings ( contesting any of the probate ) have not commenced.Probate was granted in February 2018 and the Executor has failed to distribute the funds that were specifically listed in the will, that was written by them:We refer to:"How long do executors have to pay bequests?
The executor has a duty to collect in the estate's assets and settle any outstanding debts (or liabilities), including the funeral bill.
After all liabilities have been settled, whatever's left can then be distributed to the beneficiaries. There's a strict order of priority for distributing the estate:
1. Pecuniary legacies (gifts of specific sums of money)
2. Residuary estate (the rest of the money in the estate)
If the deceased left gifts of specific sums of money to some beneficiaries, then these must be paid first. The remainder of the estate (known as the 'residuary estate') is everything left over after these gifts have been paid. So beneficiaries who are entitled to a share of the residuary estate will be paid after those who are receiving specific cash gifts.
Even cash gifts shouldn't be prioritised over outstanding debts though - all liabilities must be settled before any beneficiaries can be paid.
There is a legal rule that pecuniary legacies should be paid out within a year of the death. This is known as the 'executor's year'. If the executor isn't able to pay the pecuniary legacies within that time, the beneficiaries are entitled to claim interest."Fees were collected from the savings accounts and bank of our deceased Mother within the year ( 2017 ) by the Solicitor .There is a single property ( our Mothers House ) that I have moved into ( with the full consent of the Solicitor ( Executor ) and the 2 x beneficiaries ( My Brother and Sister ). My Brother is 2/3 beneficiary and Sister is 1/3 beneficiary.So it will be Form N208. Is this to the County Court or the High Court?
Customer: replied 15 days ago.
Customer: replied 15 days ago.
Expert:  Solicitor4All replied 14 days ago.

Good evening, sorry for the delay in reverting to you. The Application is made to the High Court under section 50 Administration of Justice Act 1985. This deals with the removal of executors and administrators after the grant of probate