If an application to remove an executor goes ahead, the next questions are usually about cost, who pays, and what happens if the executor objects. This follows on from our guide to removing an executor.
Who Pays The Court Fees
Whether or not the application has been contested will determine how much it costs to remove an executor. If an executor is successfully removed, the cost of paying the court’s fees will usually be borne by them. That can serve as a powerful incentive for the executor to carry out their designated duties.
However, if the executor does not object to the removal, it is conceivable that the estate administrators have agreed to cover the legal costs. If the executor loses the litigation, they may ultimately face significant charges if they choose not to step down. They would be responsible for the applicant’s court costs and their own.
A Cleaner Route Where Possible
Where the executor is willing to stand down and has not already taken steps to administer the estate, a deed of renunciation is often simpler than a contested court application. Once filed with the Probate Registry, that disclaimer is permanent.
If the estate still needs a personal representative after an executor steps aside or is removed, the next person entitled under the will, or under the rules of intestacy, may need to apply instead.
Contact Letter of Administration for professional will and probate advice on 020 3985 9555.