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Apply to the court under section 50 of the Administration of Justice Act 1985. Grounds include refusal to act, incapacity, misconduct, or deadlock. First try mediation and citation (Form PA6, £3). Court removal costs £3,000–£10,000+. The court can substitute a new executor or vest authority in the remaining executors.
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Executors are expected to work cooperatively towards the efficient administration of the estate. In practice, disputes between co-executors are not uncommon — particularly in family estates where personal grief, pre-existing conflict, or disagreements about the will's interpretation can make working together difficult.
Removal is a serious step and the court will not order it lightly. The welfare of the estate and its beneficiaries is paramount — the court asks whether removal is necessary to ensure the estate is properly administered. The personal feelings of those involved are secondary.
Common situations where removal is sought:
Before going to court, send a formal letter (recorded delivery) to the co-executor setting out the problem, what action you require, and a deadline (typically 14 to 30 days). This creates a paper trail and demonstrates to any subsequent court that you attempted resolution first.
If the co-executor has not yet intermeddled and has not formally accepted or refused their role, you can cite them using Form PA6 (fee: £3). A citation is a formal demand that they accept executorship or renounce it within a specified time (usually 14 days). If they fail to respond, the Probate Registry treats them as having been "cleared off" and you may proceed to apply for probate alone.
This is the cheapest and simplest route where the co-executor simply has not responded or engaged. It does not work where the co-executor has already intermeddled.
Where the dispute is about substantive disagreements rather than simple inaction, mediation can resolve the matter more quickly and cheaply than court. Professional mediators typically charge £1,000–£3,000 for a mediation day. Courts increasingly expect parties to attempt mediation before litigating — failure to do so can result in adverse costs orders.
Section 50 of the Administration of Justice Act 1985 gives the court a broad discretionary power to appoint a substitute personal representative in place of an existing one. It can also vest the authority of the removed executor in the remaining co-executors.
The application is made by way of a Part 8 claim in the Chancery Division of the High Court (or the County Court for smaller matters). You will need to file:
Court fees: £355 (claims not exceeding £10,000 in value); proportional fees for larger claims. Solicitor costs: typically £3,000–£8,000 for an uncontested application, significantly more if the respondent contests.
The court will typically list the matter for a hearing. If the grounds are clear (e.g. medical evidence of incapacity, or clear evidence of misconduct), the application may be dealt with on paper. Contested applications can take six months or more to resolve.
The general rule is that costs follow the event — the losing party pays. Where a co-executor is removed for misconduct or wilful refusal to act, costs are often ordered against them personally. Where removal is ordered because of circumstances beyond the executor's control (e.g. incapacity), costs may be borne by the estate.
Where the dispute is between co-executors who are both acting in good faith, the court may order each party to bear their own costs.
The court order may either vest authority in the remaining co-executors (simplest where there are others already acting) or appoint a substitute. The substitute may be another individual (proposed by the applicant), a professional solicitor, or a trust corporation.
Once the removed executor is no longer acting, the administration continues. Follow our estate administration checklist and executor timeline to get back on track.
Farra can help you manage the estate administration process — particularly where there are complications with co-executors.
One of several named executors wants to act alone. When can a sole executor apply for probate? Power reserved, renunciation, and citation explained. UK 2026 guide.
Co-executors cannot agree on selling property, distributions, or key decisions. The unanimity rule, options for dispute resolution, and when to apply to court. UK 2026 guide.
Power reserved allows a named executor to step back without renouncing — preserving their right to join the administration later. How it works, how it's recorded on the grant, and when to use it.
When executors face personal liability. Distributing before paying debts, Section 27 Gazette notices, and when to consider an executor's bond.
How to handle a missing beneficiary as an executor. Tracing agencies, the Benjamin Order, paying into court, and missing beneficiary insurance.
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