How to remove an executor with a conflict of interest?

[Poppypod]

My father died in June this year and he left a valid will leaving his estate to be split equally between his 2 children, my brother and I. My brother and one of my stepbrothers are Executors. My stepbrother (not a beneficiary) is refusing to start probate because he insists he and his two brothers should be entitled to 75% of the estate (his mother’s house was sold with 75% going to him and his brothers and my brother and I receiving 25%. He thinks my father’s estate should mirror this). He won’t start probate until we agree with him the division of the estate.

We have email evidence of his demands and this clearly represents a conflict of interest. Is there any way to remove his as an Executor because he won’t stand down? The probate helpline suggested my brother should apply for probate with power reserved. But this doesn’t solve our problem. Thank you.

[R0b]

Hi,

Generally, the only way of moving forward is for you to make an application to the court to have him removed and any application would need to be supported by evidence. There may be a specific way on how you have to reference the applicant/respondent names on the court application but I am unsure of that as I am not a probate expert - so make sure you do some research ahead of time in case you waste money having to refile the same application.

I would suggest before you go down that route, you make it clear to the stepbrother that your father has explicitly stated in his will that the provision was to be equally split between you and your brother and no provision was made for him or his other two brothers. Ask him to reconsider his position otherwise you and your brother will have no choice but to make an application to the court and have him removed as an executor - there may be financial consequences in that if the application is successful, he may be liable to pay legal costs and other fees incurred. Set a deadline of 7 days which I think is considered reasonable in the circumstances and if he doesn't reply with an answer either way, you will make the application without further notice.

Sometimes that may be enough but if not, then I think that is the only way. There's no guarantee a court will remove him but if he is creating an obstruction without a valid justification, the court may be persuaded to simply remove him.

Costs goes both way, so if you lose you may be liable for costs however you may be able to take any funds out of the inheritance for this application.

Tagging des8 who might know better than me on this.

[Pezza54]

The advice from the probate helpline may be worth a try.
Your brother could apply for probate by himself.
If he decides to do this, he would need to provide your executor stepbrother's full name on page 12 of form PA!P and write "C" (power reserved) in the box alongside. Your stepbrother's address is not required.
The form does say that the applicant must notify the executor with power reserved about the application. It does not state that failure to do this is an offence, only that the application may be delayed.
Your brother may be successful and find himself the only named executor on the probate certificate. If this happens your brother could act alone as executor.