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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 17235
Experience:  I have been practising for 30 years.
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How do I apply to the high court for a section 50 to remove

Customer Question

How do I apply to the high court for a section 50 to remove an executor.
JA: Where are you? It matters because laws vary by location.
Customer: Norfolk
JA: What steps have you taken so far?
Customer: Probate has been granted there are two executors one has removed property from the estate.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The other executor is refusing to communicate with her own solicitor.
Submitted: 9 days ago.
Category: Law
Expert:  F E Smith replied 9 days ago.

Welcome to Just Answer.

I will be happy to assist with your question today. I need some time to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

I apologise for any unavoidable delay, but rest assured I have not forgotten your question.

can you give me the background here please -

who is the deceased?

and who are the executors?

and whats the reason for wanting to remove her?

Customer: replied 9 days ago.
My mother in law deseased. My wife and her sister are the only two executors and also the only beneficiaries.
Other sister has refused to communicate and has also removed property from the estate. ( removed furniture and belongings from my late mother in laws estate.
Probate has been granted.
Expert:  F E Smith replied 9 days ago.

You can make an application to court to remove an executor if the executor is either doing something which they should not have done or not doing something which they should have done. The court will appoint a new executor

Here is a little reading on removing and executor: https://www.hughjames.com/blog/how-do-i-remove-an-executor

Please note that the courts do not do it lightly and it is far from being the do-it-yourself job although if successful you should recover all the legal costs.

You may find that a strongly worded letter from a solicitor threatening a court application and an application for costs, may focus the mind without actually the need to get to court.

Check your house insurance to see if you have legal expenses cover that would pay for the legal cost of taking this to court. Unlikely, but do check.

It is a Civil Procedure Rules part 8 application.

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

I am happy to answer any specific points arising from this.

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If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For FES only”.

You don’t need to do it on this thread, just a new thread. You have me exclusively on this one.

Thank you.

Best wishes.

FES