Removing An Executor

The role of a personal representative of a deceased person’s estate is to wind up the estate and distribute it to the beneficiaries due to inherit. Those beneficiaries may be identified in the deceased’s Will, when left, or otherwise in accordance with the rules of intestacy.

The Will should also confirm who is to be appointed as the personal representative and in the event, there is no Will, a person is able to apply to act by way of letters of administration providing they meet the required criteria.

The personal representative has a duty to act in the bests interests of the estate and its beneficiaries. This interest may, on the face of it, become conflicted in the event there is a dispute within the estate. This was seen in the case of Ugolor v Ugolor, where the Executor was removed and a Solicitor was appointed as administrator of the estate.

Ugolor & Ors v Ugolor [2021] EWHC 686 (Ch) (19 March 2021)

Case background

In this case, the Defendant (Glenroy Eseh Ugolor) obtained a grant of probate relying on a Will, which was now challenged by the Claimants (Itwe Susan Ugolor, Udu Ugolor, and Barbara Ugolor), and further, there was a potential dispute in respect of the property left by the deceased with a loan provider.

The Claimants alleged that as the Defendant was not a ‘fit and proper person’ to administer the estate, the Court should exercise its jurisdiction under s. 117(1) of the Senior Courts Act 1981 to replace him with a more responsible administrator pending the determination of the Will’s validity.

The Courts decision

Part of the reasoning in the judgement of Peter Knox QC (now KC) was based on the prior conduct of the Defendant. There was reason to believe there had been dishonesty in his dealings and there were real grounds for believing that there was undue influence by the Defendant over the Deceased, the evidence of her mental illness, his bankruptcy at the time, and his persuading her to enter into a large “business” loan of about £300,000 for his benefit. In total, the Judge considered the Defendant to be an inappropriate person for at least 10 reasons. Consequently, the Defendant would be removed as the executor, and instead, a Solicitor should be appointed as administrator of the estate.

This highlights that the Court will replace an executor when there is a dispute within the estate and it appears an independent professional would be a more suitable appointment.

Comment

Whilst it is not necessary to show wrongdoing, something more than not seeing eye-to-eye or a minor complaint would be required to succeed with the removal of an executor. The application to the Court has to be able to evidence that allowing the existing executor to continue it would be unsafe and indefensible.

Many cases that we see in dispute resolution are where the executors have reached an impasse that has brought the administration of the estate to a grinding halt. The disagreements and allegations are a serious concern to those who are wanting to carry out the wishes of the deceased. However, there may not always be sufficient grounds for a successful application to the Court to remove the offending party, or in the alternative, it is not always the best and most cost-efficient route.

This does not mean the end of the road. At Nelsons, we work with our clients to find a solution that could result in an agreement being reached for a third party or professional to administer the estate, whilst the original executors remain appointed.