Removing an Executor of a Will

Can you remove an executor of a will?

Yes, though rarely on a whim. An executor named in a valid will draws authority from the will, so an unhappy beneficiary cannot simply dismiss them. Before probate, an executor can renounce or have power reserved. After a grant, a court can appoint a substitute or end the appointment of one or more, but not all, personal representatives (Administration of Justice Act 1985, s.50, legislation.gov.uk, as at July 2026, subject to change).

Stepping down: renouncing or reserving power

An executor who does not want the role has choices before probate is granted. They can renounce, giving up the position permanently using form PA15, so that someone else can apply instead (gov.uk, form PA15, as at July 2026, subject to change). Alternatively they can step back for now and have power reserved, keeping the option to act later if needed.

These voluntary routes are only available while an executor has not yet started dealing with the estate. Once someone has begun acting as executor, described as intermeddling, renunciation may no longer be open to them, and stepping away can then require a court's involvement instead. Many people take advice at this point rather than assume which door is still open.

Renounce, reserve, or apply to court

There is no single method for removing an executor. Which route fits depends mostly on timing: whether probate has been granted, and whether the executor is stepping down willingly or being removed against their wishes. The table below sets out the mainstream options in England and Wales.

Route	When it applies	Who initiates
Renunciation (form PA15)	Before probate, if not yet acting	The executor, voluntarily
Power reserved	Before probate, one steps back	The executor, voluntarily
Court substitution or removal	After a grant, or in dispute	A beneficiary or co-executor

Route

When it applies

Who initiates

Renunciation (form PA15)

Before probate, if not yet acting

The executor, voluntarily

Power reserved

Before probate, one steps back

The executor, voluntarily

Court substitution or removal

After a grant, or in dispute

A beneficiary or co-executor

What counts as a good reason to remove an executor?

Courts do not remove an executor simply because beneficiaries dislike them or disagree over small matters. The focus is generally on whether the estate is being properly administered and whether the executor's continued role puts that at risk. Serious delay, a conflict of interest, dishonesty, missing funds or a complete breakdown in working relationships are the kinds of concerns often raised.

Serious delay. An executor who does little or nothing over a long period, holding up the estate.

Conflict of interest. A personal interest that clashes with the duty owed to beneficiaries.

Misconduct. Dishonesty, missing money, or failing to account for estate assets.

Incapacity. An executor who can no longer act because of ill health or lost mental capacity.

Breakdown. Hostility between co-executors so severe that the estate cannot progress.

A worked example (illustration only). Two siblings are named as co-executors. Eighteen months after the death, one has not distributed anything, will not share the estate accounts, and has stopped replying to the other. The frustrated sibling, who is also a beneficiary, could ask the court to substitute or remove a personal representative (Administration of Justice Act 1985, s.50, legislation.gov.uk, as at July 2026, subject to change). A court weighs the welfare of the beneficiaries and whether the estate is being properly administered, so the outcome depends on the evidence. Facts differ in every estate, so this is general information rather than a prediction for any real case.

How a court removes or replaces an executor

Where an executor will not step down and probate has been granted, removal usually means applying to court. Under section 50 of the Administration of Justice Act 1985, the court may appoint someone to act in place of an existing personal representative, or end the appointment of one or more, but not all, of them (legislation.gov.uk, as at July 2026, subject to change). It is a discretionary power, so the court weighs the evidence rather than granting removal automatically.

Applications of this kind can be technical and, if contested, expensive, and the person bringing them may face costs risk. For that reason it can be worth discussing the position with a qualified professional, such as a solicitor or a STEP practitioner, before starting a claim. Where the dispute is really about the validity of the will itself, that is a different route, covered in our guide to contesting a will.

Removing an executor in Scotland and Northern Ireland

This guide describes the law of England and Wales. Scotland uses different terms and procedures: the person administering an estate is usually an executor confirmed through confirmation rather than a grant of probate, and disputes are handled under Scots succession law. Northern Ireland has its own but broadly similar probate system. Where an estate touches more than one UK nation, or where the facts are contested, it can be worth taking advice in the relevant jurisdiction.

Frequently asked questions

Can a beneficiary remove an executor?

Not directly. A beneficiary cannot dismiss an executor on their own, because the executor's authority comes from the will. A beneficiary who is concerned can raise the issue, ask for the estate accounts, or, in England and Wales, apply to court to substitute or remove a personal representative (legislation.gov.uk, AJA 1985 s.50, as at July 2026, subject to change). The court decides.

How do I give up being an executor before probate?

If you have not started acting, you can generally renounce using form PA15, giving up the role permanently so another person can apply for probate instead (gov.uk, form PA15, as at July 2026, subject to change). Alternatively you can have power reserved and step back for now. Once you have begun dealing with the estate, these options may no longer be open.

Can you remove an executor after probate has been granted?

Usually only through the court. After a grant, an executor's authority is established, so in England and Wales removing or replacing one generally means an application under section 50 of the Administration of Justice Act 1985 (legislation.gov.uk, as at July 2026, subject to change). The court has a discretion and weighs whether the estate is being properly administered.

What are valid grounds for removing an executor?

There is no fixed list, and minor disagreements are rarely enough. Courts generally look at whether the estate is being properly administered, so serious delay, a conflict of interest, dishonesty, missing assets, incapacity, or a breakdown between co-executors are the kinds of concerns often considered. The outcome depends on the evidence and the circumstances of the particular estate.

Does removing an executor cost money?

It can, particularly where a court application is needed and the matter is contested. Court applications carry fees and, if disputed, legal costs, and the person bringing a claim may face a costs risk depending on the outcome. Because the sums involved vary widely, many people ask a qualified professional for a clear view on likely cost before proceeding.

Should I use a solicitor to remove an executor?

Many people do, especially where the executor will not step down or the estate is disputed. A voluntary renunciation before probate can be straightforward, but a contested removal is technical and can carry costs risk. It can be worth discussing the position with a solicitor or a STEP practitioner, who can consider the facts and the best route before any application is made.

About Fairchild Oldfield

The Fairchild Oldfield team brings together estate planning, tax, independent financial advice and client care, working with families across England and Wales.

Fairchild Oldfield are estate planning specialists and will writers, not a firm of solicitors. This article is general information based on practical experience, not legal, tax or financial advice.

Important: This article is general information only and is not legal, tax or financial advice. Reading it does not create a professional relationship. It is based on the law of England and Wales, and other UK jurisdictions may differ. Figures and rules are current as at July 2026 and are subject to change. Before acting, many people choose to seek advice from a suitably qualified professional, such as a solicitor, a STEP practitioner, an accountant, or an FCA-authorised financial adviser, who can consider a person's individual circumstances.