Lay executor delaying administration

Monday 14 May 2012

I am instructed by two residuary beneficiaries in a probate matter. The lay executor is not represented and is being obstructive and is deliberately delaying the administration of the estate. Is it possible to make an application to have the executor removed and have our clients substituted instead?
 
Yes, an application for the removal of a personal representative (PR) may be made under the Administration of Justice Act 1985, section 50. In the case of Loftus Deceased (2005) EWHC 406 (Ch) the court held that removal under section 50 is a matter for the discretion of the court, and it is reasonable for the court to take a pragmatic approach, to consider the views of the beneficiaries and the interests of the estate as a whole.
 
Claims under section 50 must be brought in the High Court and are assigned to the Chancery Division. Every PR of the estate must be joined as a party. You must also apply to have your clients substituted as the executors.
 
The claim form must be accompanied by:

  • a sealed or certified copy of the grant of probate
  • written evidence containing the grounds of the claim and, so far as it is known to the claimant
  • brief details of the property comprised in the estate
  • an approximate estimate of its capital value and any income that is received from it
  • brief details of the liabilities of the estate
  • the names and addresses of the persons who are in possession of the documents
  • the names of the beneficiaries and their respective interests in the estate
  • the name, address and occupation of any proposed substituted PR

For further guidance see the Law Society's Probate Practitioner's Handbook, 6th Edition, available from the Law Society’s online bookshop.