How the High Court can remove or substitute an executor under section 50, what evidence PD57 requires, pre-grant alternatives and the costs risks.
This guide is part of ProbateHelp's Will Disputes guide cluster. Estimated reading time: 14 min.
A beneficiary cannot remove an executor by notice or vote. A beneficiary can apply to the High Court under section 50 of the Administration of Justice Act 1985 for substitution or removal. The court decides whether to exercise its discretion.
No. Wrongdoing is not essential. The guiding issue is whether the estate is being administered properly and whether replacement serves the welfare of the beneficiaries. Minor criticism or personal hostility alone may still be insufficient.
No. CPR 57.13 requires section 50 substitution and removal claims to be brought in the High Court and assigns them to the Chancery Division.
Not by simply signing a deed. Renunciation is normally available before proving the will and can be prevented by intermeddling. A proving executor may need court substitution or another specialist route.
No. A caveat temporarily stops a grant being issued while a relevant pre-grant dispute is addressed. It does not remove a personal representative after the grant or decide whether section 50 relief should be granted.
There is no reliable universal range. Evidence, parties, interim applications, whether facts are disputed, replacement arrangements and settlement all affect time and cost. Obtain a written scope, budget and costs-risk explanation before issuing.