Generally, the estate pays the legal costs for removing an executor if the removal is successful and in the estate's best interest, but if the application is baseless or brings unnecessary costs, the applicant (beneficiary) might pay their own legal fees and potentially the estate's costs, while a judge can order the removed executor to cover some or all expenses if their misconduct caused the dispute.
In NSW, the Supreme Court can remove an executor after probate has been granted—this requires evidence of misconduct, incapacity, serious delay, or a conflict of interest. If the executor has not yet obtained probate, the process is more straightforward.
A typical costs estimate for applying to court to remove an executor is between £10,000 and £30,000 plus VAT. However, in cases where the issues in dispute are complicated and the evidence is complex, then that figure could be greater. We therefore assess each case individually and on its own facts.
Basic process for how to remove an executor
Obtain the consent of all beneficiaries: Unless the will specifically provides otherwise, all beneficiaries must agree to the removal of an executor. If any beneficiary objects, the court may still allow the removal if it is in the best interests of the estate.
It is possible to have an executor removed from an estate, but it should be noted that this can only be done by the Master of the High Court or a court of law, on the grounds listed in section 54 of the Administration of Estates Act 66 of 1965 (“the Act”). The Act governs the conduct of executors in deceased estates.
A court that removes an executor must appoint someone else to take over the job. If the will names an alternate executor, generally, the court would appoint that person to serve unless there's some legal reason the person can't fill the post.
If you do write a new will, you can revoke the old one by destroying it. You can make small changes to your will – such as changing the executors or adding a legacy – by using a document called a codicil (more on this below).
Grounds for Removing an Executor
If an executor improperly interprets or deviates from a will's terms, beneficiaries have the right to challenge their actions. They can petition the court to compel the executor to follow the will or, if necessary, file a petition for instructions themselves to ensure the estate is administered fairly and properly.
No, one executor cannot remove another without obtaining a court order. An executor can remove themselves as an executor by “renouncing” their appointment before carrying out any of the duties of an executor.
Yes, an executor can withdraw money from a deceased person's bank account, but typically only after the bank is notified, the account is frozen, and the executor provides legal documentation like a Grant of Probate or Letters of Administration, allowing access to pay estate expenses (funeral, debts) and later distribute funds to beneficiaries; unauthorized withdrawals before this process are illegal. The bank will require paperwork, proof of death, and the Will to verify the executor's authority before releasing funds from the estate account.
Generally speaking, a total of around five percent of the estate's value (the gross capital value of the estate) is considered “reasonable”. However, unless a specific fee is agreed upon in writing with the beneficiaries, any fees paid to an executor must be accounted for.
Six month limit to bring a claim – in other cases, it can be sensible for the executors not to pay any beneficiaries until at least 6 months after receiving the grant of probate. This is because there's a 6 month time limit for family members or dependents to make a claim against the estate.
Applying to remove an executor
An application can be made to the Supreme Court to remove an executor who lacks capacity or who has behaved inappropriately. The court will require evidence as to why the person is not suitable to act as executor.
The biggest mistake people make with wills is failing to keep them updated after major life changes (marriage, divorce, new children, significant assets), leading to outdated wishes; other huge errors include using vague language, choosing the wrong executor, not understanding that a will doesn't avoid probate, failing to meet legal signing requirements, and not telling anyone where the will is located. In essence, many people either don't make a will or create one that becomes invalid or ineffective over time, causing chaos and family disputes.
An executor has the authority and responsibility to manage a decedent's estate, gather the decedent's assets, pay their remaining debts, and distribute those assets to beneficiaries and heirs. However, the decedent's will and applicable probate laws can impose limitations on an executor's power.
If you have sufficient evidence to believe that the executor has misapplied or embezzled estate assets (or is about to do so), they can be removed. The court will also remove them if they exhibit gross misconduct or mismanagement in the performance of their duties.
Many people don't realize that executors can be held personally responsible for estate debts if they distribute assets to heirs before properly paying creditors. This isn't just a theoretical concern, it's a real risk that can turn an act of service into a financial nightmare.
Seven Ways to Avoid Family Fights over Your Property
Regardless of the cause, once the beneficiaries reach a stage where they consider the executor must be removed, an application can be made to the court to bring this about. The most common means of doing so is by making an application under Section 50 of the Administration of Justice Act 1985.
A direct heir (also known as an heir apparent or lineal heir) is who would be considered the decedent's next of kin, and they are first in line to inherit through intestate succession. If the decedent had been married when they died, their direct heir most likely would be their surviving spouse.
The court will only remove an executor when there is evidence that he or she is unable to faithfully discharge their duties in the best interests of the beneficiaries. The court might declare an executor unfit if they display misconduct or neglect their duties because of carelessness, incompetence or actual intent.
Where court proceedings are required and the legal issues are reasonably straightforward and discrete then we may give a costs estimate of between £10,000 and £30,000 plus VAT for making an application to remove an executor.
If an executor is not gathering in or distributing assets correctly, or within the required timescales, it is possible to make a claim for any losses against them personally. Again, it is possible to make an application that the Executor is removed or replaced if they are falling short of the required standards.
If the Will appoints more than one Executor, you will have to administer the estate together. It is not always possible to act alone or override another Executor. However, if you believe that an Executor has failed in their duties or perhaps acted fraudulently, you can challenge them.