Section 116 application - how and where are these forms submitted ?

[HAPPYHELSTON]

Afternoon everyone
Finally after a 12 hour mediation, we have reached an agreement with the beneficiary contesting my parents will.
One of the conditions was that one of the executors steps down and we have been told we need to apply for a Section 116.
Can anyone point us in the direction of the process of doing this ?
Regards

[Pezza54]

Section 116 is used to apply to court for the removal of an executor before probate
Do you mean "steps down" (voluntarily) or removed by the court?
Is this executor the only executor (sibling's husband) and the court is required to appoint another executor?

[atticus]

CPR 57. 13 governs applications to remove executors: https://www.justice.gov.uk/courts/pr...s/part57#57.13

This needs to be read together with Practice Direction 57, Part III: https://www.justice.gov.uk/courts/pr...part57#IDAJPG2

[HAPPYHELSTON]

Section 116 is used to apply to court for the removal of an executor before probate
Do you mean "steps down" (voluntarily) or removed by the court?
Is this executor the only executor (sibling's husband) and the court is required to appoint another executor?

He has voluntarily stepped down and the remaining executor is now processing the estate.

[Pezza54]

Then all the executor has to do is write to the Probate Registry renouncing his powers or sign the probate application form question that states the same before the remaining executor applies for probate using the form