Adam Stewart-Wallace discusses the recent case of Hudman v Morris [2021] EWHC 1400 (Ch) in which an executor was removed for irrational and hostile conduct.

One of the executors had been unreasonable in his conduct regarding relatively minor issues regarding the estate, including the reimbursement of approximately £2,000 to one of the beneficiaries. This had already led to significant conflicts, and all the other beneficiaries wanted his removal. There had in addition been a breakdown of relations between the parties. The only option was to appoint an independent administrator. 

The case offers useful guidance as to the circumstances in which the court will order removal under s. 50 of the Administration of Justice Act 1985, and its relation to an order for passing over under s. 116 of the Senior Courts Act 1981.