Last Updated on 23rd February 2025
How to remove an executor by issuing a citation
For expert guidance on removing an executor by issuing a citation contact our recommended solicitors for a free consultation. Call 0333 888 0407, or email us at [email protected].
Removing an executor
We are frequently contacted by frustrated beneficiaries who want to remove or replace the executor of a will due to the executor’s refusal to cooperate or failure to get on with the administration of an estate.
It is surprising how many executors think they are above the law and ignore the legal obligations and duties that come with the role. Many simply refuse to administer the estate properly in accordance with the terms of the will, refuse to cooperate, or cause inordinate delays. Understandably, beneficiaries usually want to receive their share of an estate, and therefore turn to us when this does not happen.
Most disgruntled beneficiaries ask whether they can remove the executor. The difficulty they face is that making a court application can be expensive and time consuming. However there is another option: issuing a citation.
Not many people are aware that they can issue a citation where an executor has not already obtained a grant of probate. This can be a much more economic route to take, particularly as it only attracts a nominal court fee of £12 (as at February 2025). It will not be suitable in all situations, but it is a useful tool to have when the circumstances are right.
What is a citation?
A citation is a formal Notice calling on a person on whom it is served to accept or refuse a grant, to take probate, or to propound a Will.
It compels a named executor to either accept or refuse their role in administering an estate, thereby requiring them to proceed with the administration or, if they are unwilling to do so, renounce their position as executor.
There are three options for citations in this situation. They are:
- A citation to accept or refuse a grant. This enables the beneficiary/applicant to apply for an order for a grant to themselves.
- A citation to take probate. This enables any person interested in the estate to require someone who has ‘intermeddled’ in the estate to take out a grant.
- A citation to propound a will. This enables the beneficiary/applicant to apply for an order for a grant as if the will were invalid.
The citation procedure is a little old fashioned and is governed by the Non Contentious Probate Rules 1987. It requires an affidavit to be sworn, and the application to be personally served on the executor.
How we can help with issuing a citation
Although it is more straightforward than making an application to court to remove or replace an executor, issuing a citation is nevertheless an application which you should take expert legal advice on before proceeding.
If you require guidance on issuing a citation then contact us for a free consultation by calling our free helpline on 0333 888 0407 or emailing us at [email protected]