When Executors or Trustees Cause Problems

Executors and trustees are appointed to carry out important duties: to administer estates and manage trusts in the best interests of those entitled to benefit. When they fail in those duties, through delay, mismanagement, or conflict, confidence can quickly erode and the administration may stall altogether.

At IMD Solicitors we act for beneficiaries, executors and trustees in disputes about the conduct or removal of those executors and trustees. We have particular expertise in court applications to remove or replace them under section 50 of the Administration of Justice Act 1985 or the court’s inherent jurisdiction. Our aim is always practical: to restore progress, protect assets, and minimise conflict.

Common Executor and Trustee Disputes

• Delay or failure to administer the estate or trust properly
• Refusal to provide accounts or information to beneficiaries
• Mismanagement or misappropriation of funds
• Conflicts of interest between fiduciary duties and personal interests
• Breakdown in relations between co-executors, trustees, or beneficiaries
• Allegations of negligence, breach of trust, or misconduct

Not every disagreement justifies removal, but when trust has irretrievably broken down or mismanagement puts the estate or trust at risk, the court can and will intervene.

Removing or Replacing Executors and Trustees

Where executors or trustees cannot or will not perform their duties properly, the court may remove and replace them under section 50 of the Administration of Justice Act 1985 or through its wider supervisory powers. The purpose is not to punish but to ensure that administration continues effectively and in accordance with the law.

We regularly act in:

• Applications to remove or replace executors or trustees
• Defending fiduciaries accused of misconduct or mismanagement
• Negotiating resolutions to avoid the cost and publicity of litigation
• Advising on appointing independent professionals to restore confidenc

Even before proceedings begin, we can review conduct, gather evidence, and explore settlement options to achieve a swift and proportionate outcome.

What the Courts Consider

In deciding whether to remove an executor or trustee, the court looks at:

• Whether the administration has been obstructed or delayed
• Whether confidence has broken down so badly that progress is impossible
• Whether the individual has acted with honesty, competence, and impartiality
• The impact on the beneficiaries and on the efficient administration of the estate or trust

As reaffirmed in Fernandez v Fernandez [2025] EWHC 2373, the courts now take a firm but balanced approach, intervening where relationships or performance have collapsed, while respecting the testator’s or settlor’s original choice.

How We Can Help

Our contentious probate and trust team provides clear, decisive advice on:

• Assessing whether removal is justified or defensible
• Reviewing fiduciary conduct and record-keeping
• Preparing and responding to pre-action correspondence
• Bringing or resisting court applications for removal or replacement
• Advising fiduciaries on risk management and personal liability
• Negotiating outcomes that preserve assets and relationships

We understand that these disputes often arise within families or long-standing professional relationships. We handle them with discretion and sensitivity while remaining focused on resolution.

Our Approach

• Practical and focused – we act swiftly to protect assets and restore effective administration
• Specialist expertise – substantial experience in removal proceedings under s.50 AJA 1985 and trustee disputes
• Clear advice – we explain your options, risks, and likely outcomes in plain terms
• Cost transparency – full discussion of funding options from the outset

Frequently Asked Questions

When can an executor or trustee be removed?
When their conduct prevents proper administration, creates delay, or causes an irreparable breakdown in confidence.

Can an executor or trustee be removed if they are also a beneficiary?
Yes. The court focuses on whether their continued role serves the proper administration of the estate or trust.

Who pays the costs of removal proceedings?
The court decides. Costs can be met from the estate or trust, but unreasonable conduct may lead to personal liability.

What happens after removal?
The court will usually appoint a replacement, often an independent professional, to complete the administration.

Example Cases

• Acted for beneficiaries securing the removal of an executor who refused to cooperate with their co-executors, leading to loss and delay in administering the estate.  A substantial costs order was also obtained.
• Represented trustees accused of mismanagement, negotiating a mediated settlement that avoided court proceedings and protected the trustees’ costs position.
• Advised co-executors in a dispute over control of a complex estate, leading to the appointment of an independent executor and trustee.

Get in Touch

If you are concerned about the conduct of an executor or trustee, or if you are facing allegations yourself, our specialist solicitors can help.
Call us on 0330 107 0107 or request a confidential consultation.
We have offices in London, Manchester and Birmingham and act for clients across England and Wales.