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How to change the executor of a will

Discover what is the difference between an executor and a beneficiary.

Changing the executor of a will isn’t uncommon – and there are good reasons why someone might want to do it. The executor may no longer be willing or able to take on the role, they may be unsuitable due to conflict or illness, or they may have died.

The steps for changing an executor depend on whether the person who made the will is still alive. If they are alive, they can update their will. If they have died, a court usually needs to get involved.

This guide explains how to change an executor before and after death. It also covers what to expect from the process and what to do if there are disagreements.

Key Takeaways:

  • You can change an executor before death by updating your will or adding a codicil.
  • After death, only a court can remove or replace an executor. Strong evidence is needed.
  • Beneficiaries or co-executors can ask the court to remove an executor if they believe the estate is being mismanaged.

Can you change the executor of a will before death?

You can change the executor of a will before death. You can do this at any time and there are two options available:

  1. Use a codicil. These are separate legal documents which you can use to make small changes to your will, including changing an executor. The codicil must clearly state the change, and make specific reference to your existing will, and you must sign it with two witnesses present – they must sign it too. You should store codicils with your original will.
  2. Create a new will. You could also draft a new will, which names your new executors. A properly drafted new will can revoke a previous will.  A new will automatically revokes previous wills. This method is often clearer than using codicils, keeping everything on one document and making it easier for executors to administer your estate.

A solicitor will be able to advise you on the best option in your situation.

How to change the executor of a will after death

Once the person who made the will has died, only a court can remove or replace an executor. This usually happens when there are serious concerns about how the executor is handling the estate.

You can apply to the court to change the executor if:

  • The executor refuses to act or delays the process.
  • They mismanage the estate or fail to carry out their duties.
  • There’s a conflict of interest that affects their decisions.

To start the process, you’ll need to submit a formal application to the court and provide strong evidence to support your case. If the court agrees, it can appoint a new executor to take over.

How long does it take to remove an executor?

The time it takes to remove an executor depends on whether the process is agreed on by everyone or challenged.

  • Uncontested removal. If everyone agrees, including the executor, the process is usually quick. It often takes just a few weeks or months.
  • Contested removal: If the executor does not want to step down, you’ll need to apply to the court. This makes the process longer. It can take 12 to 18 months, depending on:
  • The type of evidence needed (like financial records or medical reports).
  • How complex the case is.
  • The size of the estate.
  • How soon a court date is available.

Common reasons for removing an executor

There are several reasons why an executor might be removed:

  • Conflict of interest. Their personal interests get in the way of their duties.
  • Health issues. They are no longer able to do the job due to physical or mental illness.
  • Delays. They are slowing down the process without good reason.
  • Not doing the job. They fail to carry out key tasks, like applying for probate or sharing important information with beneficiaries.
  • Dishonesty. They try to take assets that don’t belong to them or act in a dishonest way.
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Who can apply to remove an executor?

Anyone named in the will as a beneficiary can ask the court to remove an executor. If a beneficiary is worried about how the executor is handling things, they should first write to them and ask for an explanation. If the response isn’t clear or helpful, they can apply to the court. But this should be a last resort. They must show strong reasons, like serious misconduct or that the executor isn’t suitable for the role.

Co-executors can also apply to remove someone if they believe the estate is being mismanaged.

Can you change an executor after probate has started?

You can change an executor even after probate has begun. But it’s not always straightforward.

If someone believes the executor is not doing their job properly, they can apply to the court to have them removed. The person applying must show strong reasons – such as serious mistakes, delays or misconduct.

If the court agrees, it can appoint a new executor to take over. This helps make sure the estate is managed fairly and according to the law.

Can a beneficiary become the new executor?

A beneficiary can apply to become the new executor if the current one can’t continue. This is quite common. There’s no rule against it, but the new executor must carry out their duties fairly and follow the law.

Having multiple executors can be a good idea. It means that there’s a backup if an executor can’t or won’t act. It’s also possible to appoint substitute executors, who can only act if the people you initially named can’t or won’t. 

How many executors can you have for a will?

There’s no limit on the number of executors that you can name in your will. However, only a maximum of four can apply for the Grant of Representation (probate).

How to decline being an executor of a will

If you don’t want to act as an executor, you can officially step down. To do this, fill out Form PA15 (also called a Deed of Renunciation) on the UK Government website.

Here’s what to do:

  1. Download and complete the form.
  2. State whether you’re the only executor or one of several.
  3. Sign the form in front of a witness, who must also sign it.
  4. Give the completed form to the person applying for probate.

Once this is done, you’ll no longer be legally responsible for applying for probate or managing the estate.

How to avoid executor disputes

Disputes between executors and beneficiaries can delay probate and cause stress. While not every disagreement can be avoided, you can take steps to lower the risk:

  • Check your will often to make sure it matches your current wishes and relationships.
  • Pick your executors with care. Choose people who are honest, organised and able to work well together.
  • Talk to your executors ahead of time so they know what you want and understand the role.
  • Think about using a professional executor – like a solicitor or trust company – if your estate is complex or if you’re worried about family conflict.

Explore how to be an executor of a will in our guide.

Important

Saga is a registered trading name of Saga Personal Finance Limited, which is registered in England and Wales (company number 3023493). Registered office 3 Pancras Square, London, N1C 4AG. Saga is not authorised or regulated by the Solicitors Regulation Authority (SRA). All legal services are provided by Co-op Legal Services. Co-op Legal Services is a trading name of Co-operative Legal Services Limited which is authorised and regulated by the SRA, under registration number 567391.

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