A recent case involving the Marquessate of Hertford (Seymour v Ragley Trust Company Ltd & Ors [2025] EWHC 1099 (Ch)) confirmed the court’s cautious approach to removing trustees or executors.
Whilst that case concerned complex aristocratic trusts, disagreements and dissatisfaction with executors or trustees are common across all walks of life.
Master Brightwell remarked that “the fact that a beneficiary has lost trust and confidence in trustees does not, without more, lead to the removal of the trustees.”
The court requires evidence that removing an executor or trustee is necessary for “the welfare of the beneficiaries generally or for the protection of the trust.”
In this instance, the court found that removal was not justified.
Our Probate Litigation lawyers explore practical alternatives to executor and trustee removal, recognising that court intervention is often a last resort in resolving disputes within estates and trusts.
When Might Removal Be Appropriate?
Executors and trustees have a legal duty to:
- Collect and manage estate or trust assets in accordance with the Will or Trust.
- Keep accurate records and provide them to beneficiaries upon request.
- Act with reasonable care and skill.
- Avoid conflicts of interest with the beneficiaries.
If there is clear evidence that an executor or trustee has failed to meet these duties, an application to the court for their removal may be warranted.
However, in many situations, conduct falls short without amounting to a direct breach of duty.
For example, personality clashes, poor communication, or hostility between executors and beneficiaries can lead to serious disruption, even when legal duties are not technically breached.
Alternatives to Removing an Executor or Trustee
Before seeking the formal removal of an executor or trustee, it is important to consider the nature of the issues involved.
In some cases, the difficulties may arise simply because the executor or trustee is unaware of their legal duties or the proper process for administering an estate.
In such situations, it is often helpful to clearly explain the responsibilities and to set out the specific problems that have occurred.
This can give the executor or trustee an opportunity to correct their conduct and proceed with the administration of the estate appropriately.
If personal conflicts have developed or communication has broken down, appointing a solicitor as an independent administrator of the estate can be an effective alternative.
A professional administrator offers a neutral point of contact and can help move matters forward while avoiding further conflict between beneficiaries or executors.
Contact Our Probate Litigation Team
Our Probate Litigation team has extensive experience in resolving executor and trustee disputes. We can advise on a wide range of non-litigious solutions and, where necessary, assist with court applications.
We are committed to helping you find the most appropriate and efficient resolution for your circumstances.
0161 941 4000
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Rhiannon Edwards
Senior Associate
Rhiannon is a Senior Associate and joined the Myerson team in 2024. Rhiannon is an experienced probate litigator and advises on a full range of probate disputes. She is a full member of the Society of Trust and Estate Practitioners (STEP) and is working towards her Association of Contentious Probate Specialists (ACTAPS) full membership.
About Rhiannon Edwards