IrelandWhat happens if the executor won't act?
If an executor refuses or fails to act, any interested person can apply to the High Court to remove them and appoint a new executor or administrator.
What the Law Says
The Succession Act 1965 gives the High Court authority to intervene when an executor fails to carry out their duties.
Under Irish law, an executor is legally responsible for administering a deceased person’s estate — including gathering assets, paying debts and taxes, and distributing what remains to beneficiaries. If they refuse to act, delay unreasonably, or are otherwise unfit, the law provides a clear remedy.
Section 34 of the Succession Act 1965 empowers the High Court to remove an executor and appoint someone else — either another named executor or an administrator — where it is necessary for the proper administration of the estate.
Statutory TextThe High Court may, on the application of any person interested, remove an executor or administrator and appoint another person in his place, if it appears to the Court that the executor or administrator has refused or neglected to act, or is incapable of acting, or is unsuitable for the due administration of the estate.
— Succession Act 1965, s. 34 — Removal of executor or administrator
What to Do
Identify a person with a legal interest (e.g., beneficiary, creditor, or residuary legatee).
Gather evidence showing the executor’s refusal or failure to act (e.g., unanswered letters, missed deadlines, or public statements declining to act).
File an application in the High Court using appropriate forms (typically under Order 79 of the Rules of the Superior Courts).
Attend the hearing and present evidence — the Court will decide whether removal and replacement are justified.
If granted, the Court will issue a new grant of probate or letters of administration to the replacement.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.