CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – UNDERSTANDING THE COURT’S POWER TO REMOVE EXECUTORS IN WILL DISPUTE OR WILL CONTEST CLAIMS
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider the Court’s power to remove Executors (or estate Administrators) in Will dispute and Will contest claims
Understanding the Court’s Power to Remove Executors in a Will Dispute
When a loved one dies, emotions often run high—especially when there are disagreements over how the estate is to be administered. These disagreements can sometimes lead to a formal will contest claim, particularly when concerns arise about the actions or suitability of the executor or administrator. In the context of a will claim or inheritance dispute, one powerful legal tool available to the beneficiaries is the court’s power under Section 50 of the Administration of Justice Act 1985 to remove or replace a personal representative.
We have considered this in a previous blog:
REMOVING A PERSONAL REPRESENTATIVE AND/OR EXECUTOR
In this article, we explain in more detail what this power entails, how the courts approach its use, and how it can form part of a wider strategy if you are wondering how to contest a will or how to dispute a will.
Section 50 allows the court to remove or appoint personal representatives (executors or administrators), whether appointed by will or under the intestacy rules. It is a broad and flexible power, designed to ensure the estate is administered efficiently, transparently, and—most importantly—in the best interests of the beneficiaries. For reference, please see:
Administration of Justice Act 1985
Crucially, the statute itself does not detail how or when the power should be used. That discretion is left to the court. Over time, however, judges have laid down consistent principles that help guide the decision-making process. These principles are particularly relevant in any will dispute or will contest where the suitability of the executor is questioned.
There are many reasons why an executor (or a person entitled to administer the estate under intestacy) might be removed or replaced. These include:
- Conflict of interest with the beneficiaries
- Failure to act or undue delays in administering the estate
- Loss of trust or confidence by the beneficiaries
- Inability to work cooperatively with others involved in the estate
- Suspected misconduct or negligence
While a will claim often focuses on the validity of the will itself, a separate application under Section 50 may be necessary where the problem lies not with the contents of the will, but with how it is being carried out.
It’s important to understand that the court will not act simply because beneficiaries dislike or distrust the executor. There must be substantial and properly grounded reasons to justify removal.
The central question the court asks is straightforward: What is in the best interests of the beneficiaries?
This principle was clearly articulated in the landmark case of Letterstedt v Broers (1884) 9 App Cas 371. The Privy Council in that case emphasised that the welfare of the beneficiaries must be the court’s guiding light. Lord Blackburn noted that where continued administration by a trustee or executor would be detrimental—even due to a lack of cooperation or mutual trust—the court could and should intervene.
This approach has been consistently affirmed in modern case law, including:
- Harris v Earwicker [2015] EWHC 1915
- Long v Rodman [2019] EWHC 757
- Osborne v Osborne [2025] EWHC 455
In all these cases, the courts stressed that Section 50 is not to be used lightly—but it is available where real dysfunction, obstruction, or breakdown has occurred. The underlying test is always whether continuing with the current executor or administrator is beneficial or harmful to the estate and its beneficiaries.
While the courts have provided useful guidance, it’s essential to recognise that each will dispute or inheritance dispute is different. There is no one-size-fits-all rule. What matters is the specific facts and dynamics of the case.
For example, a breakdown in the relationship between two executors might justify removal of one, particularly if that conflict delays administration. Alternatively, where the executor refuses to provide proper information to beneficiaries or shows signs of favouritism or mismanagement, removal under Section 50 may be appropriate.
It is not necessary to prove bad faith or misconduct—although such evidence can strengthen the case. Often, practical incompatibility or loss of trust is enough, particularly where it obstructs the smooth administration of the estate.
It’s a common misconception that if a majority of beneficiaries are unhappy with an executor, the court will automatically act. This is not the case. Courts are careful to avoid allowing beneficiaries to remove executors simply because they dislike them or disagree with them.
Beneficiaries must provide evidence-based reasons for seeking removal. This may include documentation of delays, correspondence showing breakdowns in communication, or witness statements illustrating the dysfunction.
On the flip side, courts are not overly protective of executors either. If an executor refuses to step down where their continued role is clearly obstructing administration, the court will not hesitate to remove them.
If you are considering how to contest a will or are involved in a will contest claim, and the executor’s conduct is a concern, here are some practical steps:
- Gather evidence – Keep written records of communication, decisions, delays, and any issues that arise.
- Consider mediation – Sometimes disputes can be resolved without court action.
- Seek legal advice early – A solicitor experienced in will disputes can help assess whether a Section 50 application is likely to succeed.
- Act promptly – Delays can prejudice your position and extend the administration period unnecessarily.
In some cases, an application under Section 50 can be made alongside other proceedings—such as a will claim based on undue influence or lack of capacity. In others, it may be a standalone measure to remove an unfit executor, even if the will itself is not in dispute.
Understanding how the court exercises its power to remove executors is essential in any inheritance dispute or will contest. Section 50 offers a valuable remedy where the administration of the estate is compromised by breakdowns in trust, communication, or competence.
If you consider any of these facts and matters are of interest, are likely to apply to you, or you would like to ask us for more information about our no win no fee arrangement, or you simply want us to assess your claim, then please do not hesitate to contact us for a confidential no strings chat and/or visit us at www.willclaim.com.
We provide details about our no win no fee arrangements at https://www.willclaim.com/no-win-no-fee/.