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Send a formal written request. If ignored, cite the executor to accept or refuse a grant under NCPR 1987 rr.46-47 — a caveat first (£4), then a citation settled by a registrar (£5), served personally, giving eight days to enter an appearance. If they still will not move, a section 50 application to remove them is a High Court claim with a £663 issue fee plus legal costs that nobody publishes. Citation is by far the cheaper route. If the executor is removed or renounces, beneficiaries apply for letters of administration with will annexed (£526). Protect estate assets meanwhile — notify banks, maintain insurance.
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:
Keep proof of delivery. A solicitor can draft the letter; what that costs is a matter for the firm and is not published anywhere official.
If executor not responding, apply to "cite" them:
The procedure is in rules 46 and 47 of the Non-Contentious Probate Rules 1987. There is no GOV.UK form "PA6" for this — the citation is a document you draft and the registry settles.
The court fees here are small. The cost of drafting, swearing and serving is not, and no official body publishes what a solicitor charges for it.
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: the High Court, Chancery Division. CPR 57.13 provides that claims for substitution or removal of a personal representative must be brought in the High Court and are assigned to the Chancery Division, and that every personal representative must be joined as a party
Grounds:
Evidence needed:
Process: File claim → executor files defence (or doesn't) → possible hearing → court order removing executor and appointing you (or other suitable person)
Costs: the issue fee for starting proceedings for a remedy other than money or land is £663 in the High Court and £387 in the county court (fee 1.5, Civil Proceedings Fees Order 2008). Note that CPR 57.13 requires a claim for substitution or removal of a personal representative to be brought in the High Court, assigned to the Chancery Division. Legal costs on top of that are not published by any official body, and any range you see quoted is somebody's estimate
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 and only for genuine emergencies — a judge has to be convinced the assets are genuinely at risk. What they cost depends entirely on the case and is not published anywhere official.
| Action | Official fee | Source |
|---|---|---|
| Informal approach | None | — |
| Entering or extending a caveat (needed before a citation) | £4 | Non-Contentious Probate Fees Order 2004, Sch.1 fee 4 |
| Settling a citation (per document settled) | £5 | Non-Contentious Probate Fees Order 2004, Sch.1 fee 11 |
| Issuing a s.50 claim (non-money remedy) | £663 High Court / £387 county court | Civil Proceedings Fees Order 2008, Sch.1 fee 1.5 |
| Grant application (estate over £5,000) | £526 | Non-Contentious Probate Fees Order 2004, Sch.1 fee 1 |
| Solicitors' costs, mediators' fees, process servers | Not published | No official body publishes a scale — get a quote in writing |
Only the court fees above are set by law. Everything else is a private charge, and any "typical" range you find quoted for these disputes is an estimate rather than a published figure. Timeframes are the same: no official body publishes how long a citation or a s.50 application takes.
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.
Sources