When the person meant to manage an estate will not act, cannot act, or is acting against the interests of those who inherit, families often ask whether the executor can simply be replaced. The short answer is that this is a matter for the court — the family cannot vote the executor out. This article sits within our wider guide to contesting a will and inheritance disputes in Ireland.
Taking this step requires legal action and legal advice. This guide explains, in plain English, what powers the court has, what kinds of grounds have persuaded courts in the past, and which routes are open to you — so you can have an informed conversation with a solicitor. It is general information, not advice on your specific situation.
Who can remove an executor in Ireland?
Only a court can remove or pass over an executor in Ireland. No one else can override the executor named in a will — not the beneficiaries collectively, not a bank, and not a solicitor. The authority to appoint someone else rests with the court alone.
The powers come from the Succession Act 1965. Section 27(4) allows the High Court — or the Circuit Court, within its jurisdiction — to grant administration to a person of its choosing where special circumstances make it necessary. Where a grant of probate has already issued, the court must also use section 26(2), which gives the High Court power to revoke, cancel or recall any grant of probate.
A beneficiary, or anyone with an interest in the estate, can start that process, but they cannot make the decision themselves. The court does not interfere lightly. It starts from respect for the testator's — the will-maker's — choice of executor, and will only act where the evidence genuinely justifies it. Simply disagreeing with the executor's decisions is rarely enough on its own.
Passing over versus removing: what is the difference?
Passing over and removing are two versions of the same idea, separated by timing — and they use different sections of the Act. Passing over happens before the grant of probate issues — the named executor has not yet taken up authority. Section 27(4) is the main power here: the court grants administration to another suitable person where special circumstances require it.
Removing an executor after the grant has issued is a two-step process. The court must first cancel the grant already made — for an executor, this is done under section 26(2), which gives the High Court power to revoke, cancel or recall any grant of probate. The court then appoints a replacement under section 27(4). Both steps typically happen in the same application.
Where the estate has no will, the same two-step logic applies but the relevant sections differ. Cancelling a grant of administration uses section 27(2) rather than s.26(2), which covers probate only. The replacement appointment is again under section 27(4). The practical result is the same: the original grant is cancelled and a new person takes charge.
Timing
Before the grant issues — the executor has not yet taken up authority
After the grant issues — the executor is already acting
Common name
Passing over an executor
Removing an executor (or administrator)
Typical trigger
The named executor will not, or cannot, take out the grant
Misconduct, conflict of interest, or failure to administer after the grant
Who acts instead
The court grants administration to another suitable person under s.27(4)
The court revokes the grant under s.26(2) (probate) or s.27(2) (administration) and appoints a replacement under s.27(4)
Primary statutory basis
Section 27(4) of the Succession Act 1965
Section 26(2) [executor] or 27(2) [administrator] for revocation; section 27(4) for replacement appointment
Passing over and removing an executor are both court matters under the Succession Act 1965. The difference is whether the grant has already issued and which sections apply.
| Passing over | Removing | |
|---|---|---|
| Timing | Before the grant issues — the executor has not yet taken up authority | After the grant issues — the executor is already acting |
| Common name | Passing over an executor | Removing an executor (or administrator) |
| Typical trigger | The named executor will not, or cannot, take out the grant | Misconduct, conflict of interest, or failure to administer after the grant |
| Who acts instead | The court grants administration to another suitable person under s.27(4) | The court revokes the grant under s.26(2) (probate) or s.27(2) (administration) and appoints a replacement under s.27(4) |
| Primary statutory basis | Section 27(4) of the Succession Act 1965 | Section 26(2) [executor] or 27(2) [administrator] for revocation; section 27(4) for replacement appointment |
Grounds for passing over or removing an executor
There is no fixed list of grounds. Section 27(4) asks whether special circumstances make it necessary to appoint someone else, and courts decide each case on its own facts. In practice, certain themes come up again and again in cases where an executor has been passed over or removed.
Delay alone is a frequent complaint, but it does not always justify removal. Probate genuinely takes time, and a slow executor is not automatically one the court will replace. Where delay tips into a refusal to engage at all, that is closer to the kind of failure the court will weigh. Our guide on an executor who is silent or delaying explains where the line tends to fall.
A conflict of interest is treated seriously because the executor owes duties to the estate as a whole — not to themselves. Where an executor appears to be putting their own financial interests first, for example by buying estate assets on favourable terms, that can support an application. Our guide to executor self-dealing covers this in more detail.
The routes available: caveats, citations and court applications
A caveat is a notice lodged with the Probate Office that prevents a grant being issued until the dispute is resolved. Anyone with a beneficial interest in the estate — meaning someone who stands to inherit — can lodge one (currently a €100 fee). It is a holding step: it stops a grant from quietly issuing while you take advice, but it does not remove anyone on its own.
A citation is used where a named executor will not apply for the grant. It formally calls on the executor (or the next of kin) to either apply for the grant within a set time, or explain why it should not pass to the person who issued the citation. If the executor still does not act, the person who issued the citation can apply for administration instead — an effective way to break a deadlock without full court proceedings.
A court application is the direct route. For pre-grant passing over, this is under section 27(4) alone. For post-grant removal of an executor who already holds a grant of probate, the application uses section 26(2) to revoke the grant and section 27(4) to appoint a replacement. This is disputed probate litigation, and it is where the “special circumstances” test is argued on evidence.
How removing or passing over an executor usually works
These stages move from informal resolution to formal court action. Most situations are resolved well before the final step, and legal advice should guide each one.
Try to resolve it without court first
Court is the last resort, not the first. Many delays come from an executor who is overwhelmed rather than obstructive. A clear written request for an update, or a solicitor's letter, often unblocks matters. Our guide to an executor who is silent or delaying covers the steps to take before any application.
Get legal advice on whether your grounds are strong enough
The court starts from a position of respecting the will-maker's choice of executor. A solicitor experienced in disputed probate matters can tell you whether your concerns — delay, a conflict of interest, unfitness — are likely to meet the “special circumstances” test, or whether a citation or a less drastic step would serve you better.
Consider a caveat or citation if the grant has not yet issued
If no grant has issued, a beneficiary with an interest in the estate can lodge a caveat (currently a €100 fee) to prevent a grant being made, or use a citation to call on the named executor to take out the grant or show cause why it should not pass to someone else. These are formal court-office procedures, not informal requests.
Apply to court where necessary
Where it is genuinely necessary, an application is made to the High Court (or the Circuit Court within its jurisdiction). For pre-grant passing over, the application is under section 27(4) of the Succession Act 1965, which allows the court to grant administration to a person of its choosing.
For post-grant removal of an executor, the court uses section 26(2) to revoke the grant of probate and section 27(4) to appoint a replacement. Where there is no will and it is an administrator being removed, section 27(2) revokes the grant of administration, and section 27(4) again provides for the replacement appointment.
Why the executor's role matters so much
An executor is the person named in a will to manage the estate: gathering the assets, paying the debts and taxes, and distributing what remains to those who inherit. Where there is no will, or no executor able to act, an administrator carries out broadly the same duties. Either way, everyone who inherits depends on that person doing the job properly.
Because so much depends on the role, an executor who will not act — or who acts against the estate's interests — can hold up everyone's inheritance. The same responsibility also brings real personal liability for the executor — which is one reason courts treat both the role and any application to replace it with care.