The person who makes a will is free (within limits) to appoint any executor they choose and the appointment of executor is contained within the will itself.

However, it is not uncommon for the beneficiaries under the will to want to have a different executor from the one appointed. A case currently before the courts will determine whether or not they have the right to do so.

The case concerns a man from South London, who decided to take legal action to have the executor appointed under his late stepfather’s will removed, after he received a quote for doing the work which was half the amount that the executor will levy. The executor, a firm of will-writers, has refused to step down and the court will be asked to rule on whether the beneficiaries of an estate can act to remove an unpopular executor.

An executor can decline to act, but cannot normally be removed. If you are concerned about how to choose your executor, contact us for advice.