Possible to DIY executor removal? Failing to fulfil duties and mishandling finances

[posy57]

Hey everyone,

I'm dealing with a complex situation regarding an estate and could really use some advice. In this estate, there are two executors, who are also beneficiaries. Alongside them, there are four other beneficiaries. We're facing two main issues:

1. Problematic Executor: One of the executors, who is also a beneficiary, has been problematic. They've been living in the deceased's house rent-free for over two years and have incurred a CCJ for unpaid council tax and was using the deceaseds credit cards and did not cancel them. This executor has been uncooperative in selling or distributing the estate, which has been in limbo since the probate was finalised in January 2023. They've also significantly undervalued the estate.

2. Stressed Executor: The other executor, also a beneficiary, is finding the situation too stressful and wants to step down.

We're trying to figure out the best way to handle this. Five out of the six beneficiaries (including myself) are on the same page about removing the troublesome executor. We know it has to go to court for it to happen. Having sought legal advice it seems we have to try get both executors removed, one has said they will willingly step down. As this situation would leave no executor, one of the other beneficiaries is willing to take over the role, but we're not sure about whether this is possible.

We have spoken to a few solicitors and have been quoted £24k-£38k, which feels too risky when we don’t know the state of the estate finances and whether costs would be

My questions are:

• Has anyone been in a similar situation where you had to remove one executor and replace another? How did you manage it?
• Can a beneficiary step in to become an executor, or do we need to appoint a solicitor for this role?
• Is our only option to appoint a solicitor to deal with the case or if we have sufficient evidence can we do this ourselves?

Thanks in advance for your insights.

[Pezza54]

Sorry to hear you are having problems with one errant executor

I haven't had any personal experience with problem executors so I can only provide my own advice. Other forum users may disagree with me (quite often happens) or may add their own advice

The executor who wants to step down can sign a Deed of Renunciation provided he or she hasn't intermeddled in the estate.

A relative beneficiary can be put forward to the court to become a replacement beneficiary.

Removing an executor who is failing in their duties is not a straight forward process in court, so I would advise employing the services of a contentious probate solicitor. If you win the case in court you should be awarded your legal costs, to be paid by the defendant. The failing executor, as a beneficiary, may lose most if not all of their inheritance

The solicitors' prices you have received sound a bit rich. Probably the worst case scenario. jmw.co.uk state about £15k

You should ask solicitors to provide a breakdown of their prices. The executor might decide to fulfill their executor duties promptly after a solicitor's warning letter about court action and the possible financial consequences.

In the worst case, you may need a court order to evict the beneficiary if they refuse to vacate the property