Administration actions—removal of personal representatives—practice and procedure
Produced in partnership with Mark Lindley of Boodle Hatfield
Administration actions—removal of personal representatives—practice and procedure

The following Wills & Probate guidance note Produced in partnership with Mark Lindley of Boodle Hatfield provides comprehensive and up to date legal information covering:

  • Administration actions—removal of personal representatives—practice and procedure
  • Renunciation of the right to administer an estate
  • Removal under section 116 of the Senior Courts Act 1981
  • Removal under section 50 of the Administration of Justice Act 1985
  • Practical issues with orders made under section 116 and section 50
  • Removal under section 1 of the Judicial Trustees Act 1896
  • Once the estate is administered
  • Costs

Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, has authorised District Probate registrars to allow statements of truth to be used in place of affidavits for non-contentious probate applications and processes during the coronavirus pandemic. The relevant rules which are affected by the guidance are: Non-Contentious Probate Rules 1987, SI 1987/2024, rr 12(1), 16, 19, 25(2), 26, 32(2), 44(12), 46(2), 46(4), 47(4), 47(6), 48(2)(a), 50(2), 51, 52, 53, 54(3) and 55(2). The guidance is valid until 30 July 2020 but may be made permanent by statutory instrument in future. See: LNB News 17/04/2020 92. For updates on key developments and related practical guidance on the implications of coronavirus for practitioners, see: Coronavirus (COVID-19) and Private Client—overview and Coronavirus (COVID-19) toolkit.

There are a number of circumstances in which it may be desirable, or necessary, to seek the removal by the court of personal representatives (PRs), ie the executors or administrators of an estate. These circumstances include where:

  1. a conflict arises between the interests of the PR and their own interests

  2. the persons with the primary entitlement to a grant are unwilling or unable to get on with the administration

  3. there has been a breakdown of trust and confidence between the PRs and the beneficiaries, which is impeding the due administration of the