Section 50
If a beneficiary believes an estate is not being properly administered, then it is possible to remove or substitute a Personal Representative
How to remove an executor
Section 50 of the Administration of Justice Act 1985 allows the High Court to remove or replace personal representatives if it is deemed necessary in the interest of the estate and it’s beneficiaries. If an estate is not being administered properly or in a timely manner, a beneficiary can apply to the court for a Section 50.
Applications for removal are made to the High Court, either before or after probate has been issued. However, if no Grant has been obtained, then an application for the persons entitled to be passed over under Section 116 of the Senior Courts Act 1981 may be more appropriate. Court proceedings under Section 50 should be viewed as last resort and efforts made for disputes to be resolved at an early stage.
Using a Section 50 to deal with Empty Properties
When a property makes up part of a deceased person’s estate and has been left empty for a long period of time, it is safe to assume the value of the property will decrease and the less valuable it will be for the estate. In this common circumstance, beneficiaries may become dissatisfied with the lack of progress of the administration and the depreciation of the property and may opt to apply under Section 50 to seek the removal of the Personal Representative. Unlike the Section 116, a local authority can’t apply under Section 50 but they can advise beneficiaries of the options available to them and we can assist in tracing wider family.
