Bad minded executor

[Control freak]

Re: Bad minded executor

He is included in the will and we have equal share,, and yes he does have children

[Amethyst]

Re: Bad minded executor

As he predeceased your father and he is named in the will then his legacy should pass to his children.


ignore below, I was forgetting you are in Scotland....


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Anyway, it's not something I know about, removal of an executor, but this seems appropriate in your circumstances - https://www.wrighthassall.co.uk/know...ing-executors/

What if the named executor is not performing his duties correctly?

A beneficiary or next of kin may question the executor’s actions. If in doubt, the first step is always to write to the executor and ask him to render an account of the administration of the estate. If the beneficiary or next of kin is still not satisfied by the executors’ explanation, then he or she may apply to court to remove and substitute the executor.

An attempt by the beneficiaries to remove the executor is not an easy application. The beneficiaries must prove serious misbehaviour before the court will even consider forcing an executor to step down. In general, the courts will only remove an executor if the beneficiaries can show the following:

the executor has become disqualified since the deceased appointed him
the executor is incapable of performing his duties
the executor is unsuitable for the position.

How to remove and substitute an executor

If the beneficiaries have serious concerns regarding the ability of an executor to perform his duties, the beneficiaries must firstly write to the executor and ask him to explain his actions. If an explanation is not forthcoming or the beneficiaries are not satisfied by the executors’ explanation, he or she may make an application to court to remove or substitute the executor.

The High Court has a discretionary power under section 50 of the Administration of Justice Act 1985 to appoint a substitute personal representative or to terminate the appointment of a personal representative. Such an application must be made pursuant to Civil Procedure Rules 57.13. If proceedings regarding an inheritance dispute have already commenced, then such an application is made by application notice. However, if there are no proceedings, then a part 8 claim needs to be made.

The application must be supported by the following:

A certified sealed copy of the grant of probate or letters of administration.
A witness statement setting out the reasons why the removal or substitution of the executor is sought (referring to his disqualification, incapacity or unsuitability as per above), particulars of the deceased’s assets and liabilities, those who are in possession of documents relating to the estate, names of beneficiaries and details of their interest and the proposed individual to substitute the executor.
Unless the proposed executor is the official solicitor, his signed or sealed consent to act.
A witness statement of the proposed executor’s fitness to act in such capacity, if he is an individual.