Farra is a death administration assistant for UK families. Get step-by-step guidance for registering a death, applying for probate, notifying banks, and managing bereavement admin. From essential documents to practical checklists, Farra simplifies estate paperwork and funeral-related tasks so you can focus on what matters.
Send formal written request (30 days to act). If ignored, apply to cite executor (£3 fee, 14 days to accept or refuse). If still refusing, court application to remove costs £355+ plus £3,000-£8,000 solicitor fees. Citation cheapest option—forces decision. If removed, beneficiaries apply for Letters of Administration with Will Annexed (£300). Protect estate assets meanwhile—notify banks, maintain insurance.
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Understanding why can help you resolve the situation:
Many of these issues can be resolved by hiring professional assistance or working cooperatively.
These situations usually require formal legal action to resolve.
Key point: An executor named in a will has not yet "become" the executor - they only have authority once they obtain the Grant of Probate. Before that, they're simply the person nominated to apply. This means beneficiaries have more leverage than they might think.
Start with non-confrontational contact:
Cost: Free. Often resolves issue - many executors just need reassurance or support.
If informal approach fails, send formal letter (recorded delivery):
Letter should include:
Cost: £50-£200 if using solicitor to draft. Keep proof of delivery.
If executor not responding, apply to "cite" them:
Cost: £3 court fee + £200-£500 solicitor costs + service costs (£50-£150).
Citation is powerful and relatively cheap. Often prompts action or formal renunciation.
If citation fails or executor intermeddled (so can't just renounce), apply to court:
Application Type: Section 50 Administration of Justice Act 1985 - remove executor and appoint replacement
Where to apply: Chancery Division (High Court) or County Court
Grounds:
Evidence needed:
Process: File claim → executor files defense (or doesn't) → possible hearing → court order removing executor and appointing you (or other suitable person)
Costs: Court fee £355 (estates under £10K) or £10,000 (larger estates) + solicitor costs £3,000-£8,000 + your time
If executor agrees to step aside, they must formally renounce:
⚠️ Critical: Renunciation Only Possible If Haven't "Intermeddled"
Executor cannot renounce if they've already acted as executor (called "intermeddling"):
If they've intermeddled, only option is court application to remove them and appoint replacement. They cannot just walk away.
Once executor renounced or removed, you can apply if you're a residuary beneficiary:
This grant gives you same authority as executor would have had.
You have identical duties and authority as executor would have:
While resolving executor issues, protect the estate:
Apply to court for emergency orders if executor:
Available court orders:
These are expensive (£3,000-£10,000+) and only for genuine emergencies. Judge must be convinced assets genuinely at risk.
| Action | Cost | Timeframe |
|---|---|---|
| Informal approach | Free | 1-2 weeks |
| Formal letter (solicitor) | £50-£200 | 2-4 weeks |
| Citation (s.49 Administration of Justice Act 1985) | £3 fee + £300-£800 (solicitor + service) | 4-8 weeks |
| Court application to remove | £355-£10,000 (court) + £3,000-£8,000 (solicitor) | 3-6 months |
| Mediation (if attempted) | £1,000-£3,000 (split between parties) | 1 day session |
| Emergency court orders | £3,000-£10,000+ | 1-2 weeks |
Cost recovery: If successful in court application, executor may be ordered to pay your costs from estate or personally if they acted unreasonably.
❌ Taking matters into your own hands
Don't access estate assets or act as if you're executor without grant. This can create legal liability and complicate getting proper grant.
❌ Skipping formal written request stage
Court expects you to follow proper escalation. Going straight to citation or court without formal letters weakens your case.
❌ Delay in taking action
The longer you wait, the more estate assets are at risk and the weaker your urgency argument. Act within weeks, not months.
❌ Not documenting all communication
Keep copies of all letters, emails, notes of phone calls with dates. This is your evidence if court action needed.
❌ Aggressive or threatening approach
Professional, measured tone more effective. Threatening language can make you look unreasonable to judge if litigation follows.
Complete checklist of documents needed for probate in the UK. From death certificates to asset valuations - everything executors need to gather for probate applications.
Ultimate step-by-step probate guide: 10-stage process, realistic timelines (6-18 months), complete costs (DIY vs solicitor), IHT forms, executor duties, common problems & solutions.
How to contest a will: valid grounds, who can contest, caveat process, mediation vs court, costs £3K-£100K+, success rates, and timeline.
Probate needed if estate has property or over £50K. Joint accounts exempt. Check bank thresholds: HSBC £50K, smaller banks £15K.
Step-by-step probate application process, forms needed, costs, and typical timeframes for grant of probate.
Your AI companion for UK death administration—combining practical guidance with emotional support, available 24/7.
Your AI companion for UK death administration
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