FERNANDEZ V FERNANDEZ, GROUND RULES FOR REMOVING EXECUTORS AND TRUSTEES 

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors consider the new case Fernandez v Fernandez and others [2025] EWHC 2373 (Ch) which provides ground rules governing the removal of Executors and Trustees in Will dispute and Will contest claims 

Fernandez v Fernandez [2025]: When Family Conflict Justifies Removing an Executor 
Family breakdowns after a death can quickly turn an inheritance dispute into a complex and expensive court battle. The recent case of Fernandez v Fernandez & Others [2025] EWHC 2373 (Ch), decided by HHJ Paul Matthews, shows how serious family conflict and conflicts of interest can lead to the removal of an executor or trustee — even if there’s no proven wrongdoing. 

For anyone facing a will claim, inheritance dispute, or estate claim, this judgment provides valuable insight into how courts deal with family disagreements over estates and what happens when (allegedly) executors fail to act impartially. 

For a link to the actual decision, please go to: 
Fernandez v Fernandez & Anor [2025] EWHC 2373 (Ch) (22 September 2025) 

Please also consider our previous blog on the same topic at: 
UNDERSTANDING THE COURT’S POWER TO REMOVE EXECUTORS IN WILL DISPUTE OR WILL CONTEST CLAIMS  – Will Claim Solicitors 

The Background: A Family Divided 

The dispute centred on the estates of Jean and Alexander Fernandez, who left six children. Their son Julian Fernandez was appointed executor of both parents’ wills and trustee of a family trust created in 2008. 

Unfortunately, after both parents passed away, long-standing family tensions resurfaced. Several of Julian’s siblings — including Leessa and Nick Fernandez — accused him of mismanaging the estates, delaying administration, and acting in conflict of interest. 

They applied to court to remove him as executor and trustee, arguing that the family relationship had completely broken down. 

Julian defended his position and appealed the order for his removal — but the High Court dismissed his appeal, confirming his removal and setting out important principles for anyone involved in an estate dispute or will contest. 

The Court’s Approach to Executor Removal 

The High Court reaffirmed the principles for removing executors and trustees under: 

• Section 50 of the Administration of Justice Act 1985, and 
• Section 41 of the Trustee Act 1925. 

Judge Matthews drew on leading authorities such as Letterstedt v Broers (1884) and Thomas & Agnes Carvel Foundation v Carvel (2008), emphasising that the court’s focus is not punishment, but the proper administration of the estate and the welfare of the beneficiaries. 

That means: 

• Executors can be removed even without misconduct, if their presence obstructs the administration of the estate. 
• Serious family hostility or loss of confidence can justify removal. 
• Conflicts of interest — such as personal use of estate property — are especially significant. 

This is vital guidance for anyone wondering how to contest a will or whether an executor can be replaced during an inheritance dispute. 

The Key Issues in the Fernandez Case 

The judge found that Julian’s situation as both executor and beneficiary had created a conflict of interest. 

He had lived in a property belonging to the estate (“Seathrift” in Dorset) and claimed £87,000 in occupation costs. This raised doubts about whether he could act impartially for all beneficiaries. 

There had also been delays in administration and ongoing disagreements between siblings. Although Julian argued that he had done his best and there was no evidence of misconduct, the court found that: 

• The loss of trust was total, 
• The estates were not being efficiently managed, and 
• Continued involvement by Julian would make resolution impossible. 

As a result, the judge confirmed his removal and ordered that independent professional trustees should take over. 

For families dealing with an estate claim or inheritance dispute, this reinforces the court’s willingness to appoint neutral professionals when emotions and family ties make cooperation impossible. 

What This Means for Will Disputes and Estate Claims

This decision highlights that executors hold fiduciary responsibilities, not personal entitlements. Once they lose the confidence of beneficiaries or allow personal interests to interfere, the court can and will step in. 

Key lessons for anyone involved in a will claim, inheritance contest, or estate dispute include: 

• Executor disputes are not about blame, but about ensuring the estate is properly managed. 
• Hostility alone is not enough — but if it prevents the estate being administered, it can justify removal. 
• Neutral executors are often the best solution in families divided by emotion or mistrust. 
• Executors must avoid any potential conflict of interest, including living in or profiting from estate assets. 

If you’re involved in an inheritance claim or wondering how to contest a will because of executor mismanagement, this case shows the importance of evidence and the court’s practical, welfare-focused approach. 

The Outcome 

Julian Fernandez’s appeal was dismissed in full. 

• He was removed as executor and trustee. 
• The estates and trust were to be managed by independent professional trustees. 
• Julian was ordered to pay the other parties’ legal costs personally — with no right of indemnity from the estate. 

Key Takeaways 

Final Thoughts 

Fernandez v Fernandez [2025] is now one of the leading modern authorities on the removal of executors in the context of family will disputes and inheritance claims. 

It underscores that executorship is a duty, not a privilege, and that the court’s primary concern is ensuring fairness and efficiency in the administration of estates. 

For anyone facing a will claim, inheritance contest, or estate dispute, early legal advice and the appointment of independent professionals can prevent years of emotional and financial turmoil. 

How Will Claim Can Help 

At Will Claim Solicitors, we specialise in contesting wills, will disputes, and inheritance claims on a no win, no fee basis. If you suspect a loved one was pressured into making a will, we can: 

• Review the circumstances and available evidence. 
• Advise whether you have grounds to dispute the will. 
• Guide you through the legal process to protect your inheritance rights. 

Visit us at www.willclaim.com 

We provide details about our no win no fee arrangements at No Win No Fee Solicitors – Will Claim Solicitors