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When family relationships break down after someone’s death, the person appointed to deal with the estate, whether an executor or administrator, can quickly find themselves under pressure. If an executor delays unnecessarily, refuses to communicate, or acts in a way that causes mistrust, beneficiaries can lose confidence. Sometimes the only solution is for the court to step in and remove the executor so that the estate can move forward.

That’s what happened in Fernandez v Fernandez [2025] EWHC 2373 (Ch) a recent High Court decision confirming how readily the courts will now remove executors or trustees where the administration has ground to a halt.

What Happened in Fernandez v Fernandez

The case involved a family dispute over two estates and a family trust. One brother had been appointed executor and trustee under his parents’ wills. His siblings claimed that delays, conflict and poor communication meant the estates were not being properly administered.

They applied to the court to remove and replace him and were successful, although the executor who had been removed appealed.

In the High Court, the judge upheld the decision, finding that the administration had become unworkable. A professional trustee was appointed in his place, and the former executor was ordered to pay substantial legal costs.

Why the High Court Ordered Removal

The High Court made clear that removal applications are not about punishment. They are about ensuring that an estate or trust can be managed properly and efficiently, with the welfare of the beneficiaries uppermost.

In Fernandez, the evidence showed a complete breakdown of trust and communication between the executor and the other beneficiaries. That alone was enough. The court did not need to find dishonesty or serious misconduct, only that the estate could not be administered effectively while the existing executor remained in office.

In practical terms, the case confirms what many practitioners already observe: once an application to remove an executor is made, it often demonstrates the very breakdown that justifies removal. The process itself becomes self-proving.

A Warning on Costs

The court also made an important ruling on costs. The removed executor was ordered to pay the other parties’ legal costs and was denied the right to reimburse himself from the estate or trust funds.

Normally, executors can recover their reasonable costs from an estate. But that protection only applies to costs properly incurred in the course of administration. Where litigation is pursued primarily to defend personal standing, rather than to benefit the beneficiaries, the indemnity can be lost.

For executors facing criticism, that distinction is crucial. Defending the role too aggressively can turn a manageable dispute into a costly one.

What This Means for Executors and Beneficiaries

For beneficiaries, Fernandez confirms that the courts will act swiftly where an executor or trustee has lost the confidence of those they serve.

For executors, it’s a reminder to seek early legal advice and to recognise when relations have broken down beyond repair. In many cases, agreeing to step aside voluntarily will preserve dignity, protect costs, and avoid protracted litigation.

The law may still describe removal as a “drastic step”, but in practice the threshold is now far lower than older case law might suggest. The High Court’s approach is increasingly pragmatic, focused on keeping estates moving and protecting beneficiaries, not preserving an office for its own sake.

How IMD Solicitors Can Help

At IMD Solicitors, we act for both executors and beneficiaries in executor and trustee disputes, including applications to remove or replace executors. We understand how quickly family tensions can escalate — and how important it is to protect the value of the estate while finding a workable solution.

If you are concerned about how an executor or trustee is managing an estate or trust, or if you are an executor facing calls for your removal, our specialist team can help.

Contact our Contested Probate and Trust Disputes solicitors for clear, practical advice on your options.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.

To find out more about our services, visit Contested probate and trust disputes.

Call us now to discuss your case 0330 107 0107 or email us at info@imd.co.uk.