Executor Disputes

• Beneficiaries concerned about an executor's conduct: If you believe an executor is mismanaging the estate, acting dishonestly, or failing to carry out their duties, we can advise you on your rights and the steps available to hold them to account.
• Beneficiaries who are not receiving information: If the executor is not communicating with you, refusing to provide estate accounts, or leaving you in the dark about the progress of the administration, we can take action to compel transparency.
• Beneficiaries experiencing unreasonable delays: If the executor's year has passed and the estate still has not been administered, we can help you understand why and push for a resolution.
• Beneficiaries who suspect fraud or financial misconduct: Where you believe the executor has misappropriated estate funds, sold assets at an undervalue, or used the estate for personal benefit, we can pursue claims to recover what is owed.

• Executors facing allegations of misconduct: If a beneficiary has accused you of acting improperly, we can advise on your legal position, help you respond to complaints, and represent you if formal proceedings are brought against you.
• Executors dealing with difficult beneficiaries: Beneficiary demands can sometimes become unreasonable or even amount to harassment. We can advise you on your obligations, help you set appropriate boundaries, and protect your position.
• Executors who want to step down: If you no longer wish to act as an executor, whether because of the stress involved, a conflict of interest, or a breakdown in relationships, we can advise on standing down from your position.
• Professional executors: Solicitors, accountants, and banks acting as executors face particular challenges and heightened expectations. We provide specialist advice to professional executors on risk management and claim defence.

• Joint executors who cannot agree: Where co-executors disagree on how to manage the estate, including disputes over property sales, asset valuations, or distributions, we can mediate between the parties or advise on court applications to break the deadlock.
• Executors dealing with an uncooperative co-executor: If your co-executor is refusing to engage, blocking progress, or acting without your knowledge, we can advise on your options, including applications for their removal.

• Trustees facing disputes: Trust disputes raise many of the same issues as executor disputes. We act for trustees and beneficiaries of trusts in relation to alleged breaches of trust, removal of trustees, and disputes over trust administration.

• Families dealing with intestacy disputes: Where someone has died without a valid Will, the administrators appointed under the intestacy rules owe the same duties as executors. We can help if you are concerned about how an intestate estate is being managed.
• Families affected by conflicts arising from bereavement: We understand that executor disputes often arise during a period of grief when emotions are running high. Our team is experienced in handling these sensitive situations with care and discretion, always keeping your best interests at the centre of our advice.

We acted for a beneficiary in a contentious probate dispute concerning the administration of an estate. Concerns arose regarding the executor’s handling of the estate administration, including allegations that the estate was not being administered in accordance with the terms of the Will.

Our team issued proceedings seeking the removal of the executor and the appointment of an independent professional to administer the estate. The matter proceeded to a final hearing, where the Court ultimately agreed that the executor should be replaced. An independent personal representative was appointed to take over the administration of the estate and ensure that the deceased’s wishes were properly carried out.

This case highlights our expertise in complex executor disputes and our ability to secure decisive court intervention where estate administration has broken down.

We acted for one of two executors in relation to the administration of their late mother’s estate. The co-executor had taken sole control of the estate administration but had failed to progress matters appropriately, resulting in significant concern regarding the handling of the estate.

Given the deteriorating relationship between the executors and the lack of confidence in the administration process, we advised our client to seek the removal of both executors and the appointment of an independent personal representative. Proceedings were issued and the matter proceeded to a public hearing.

The Court ultimately appointed an independent administrator to take over the estate administration, allowing the estate to be progressed fairly and efficiently for the benefit of all beneficiaries.

This matter demonstrates our pragmatic approach to resolving executor disputes where relationships have irretrievably broken down and an independent solution is required to move matters forward.

We are currently acting for a residuary beneficiary who had become increasingly concerned about the lack of information being provided by the executor of their late mother’s estate. The client had lost confidence in the administration process due to ongoing delays, poor communication and concerns regarding the executor’s conduct.

We have been instructed to raise the client’s concerns directly with the executor and to ensure transparency in relation to the administration of the estate. Our role includes advising the client on their legal rights as a beneficiary, obtaining information and documentation relating to the estate, and taking steps to ensure that the client ultimately receives their full entitlement under the Will.

This ongoing matter reflects our commitment to protecting beneficiaries’ interests and ensuring executors properly fulfil their duties in administering estates.

We acted for the executors of an estate who faced allegations from a beneficiary that the estate had been mishandled. The beneficiary raised concerns regarding the administration of the estate and sought to challenge the executors’ conduct.

Our team advised the executors throughout the dispute, responding to the allegations and demonstrating that the estate had been administered appropriately and in accordance with the executors’ legal duties. Through careful management of the dispute and robust representation, the matter was successfully resolved and concluded without further action being taken against the executors.

This case demonstrates our ability to defend executors facing contentious allegations while helping clients navigate sensitive family and inheritance disputes effectively.

We acted for the executors of an estate who faced allegations from a beneficiary that the estate had been mishandled. The beneficiary raised concerns regarding the administration of the estate and sought to challenge the executors’ conduct.

Our team advised the executors throughout the dispute, responding to the allegations and demonstrating that the estate had been administered appropriately and in accordance with the executors’ legal duties. Through careful management of the dispute and robust representation, the matter was successfully resolved and concluded without further action being taken against the executors.

This case demonstrates our ability to defend executors facing contentious allegations while helping clients navigate sensitive family and inheritance disputes effectively.

Understanding the legal duties owed by an executor is essential when considering whether grounds exist for a claim. An executor owes fiduciary duties to the beneficiaries of the estate, which means they must:

• Act in good faith: Executors must always act honestly and in the best interests of the estate and its beneficiaries. They must avoid conflicts of interest and must not profit from their role unless the Will specifically permits it.
• Preserve and protect estate assets: This includes securing the deceased’s property promptly after death, maintaining any properties in the estate, collecting debts owed to the estate, and ensuring assets are not wasted or diminished in value.
• Administer the estate with reasonable diligence: Executors should deal with the estate within a reasonable timeframe. Section 44 of the Administration of Estates Act 1925 provides that personal representatives are not bound to distribute the estate within the first year from death (the “executor’s year”), but unreasonable delay beyond this period can give rise to claims.
• Provide proper accounts: Beneficiaries are entitled to receive estate accounts showing all income, expenses, and distributions. Under Rule 61 of the Non-Contentious Probate Rules 1987, a beneficiary can apply to the court for an inventory and account if the executor fails to provide this information.
• Distribute the estate correctly: The executor must distribute assets in accordance with the terms of the Will (or the intestacy rules if there is no valid Will) and must ensure all debts, taxes, and liabilities are paid before distribution.

Executor misconduct can take many forms. Common examples include: taking money from the estate bank account for personal use; selling estate assets below market value, especially to connected parties; failing to pay inheritance tax on time, resulting in penalties; unreasonably delaying estate administration; refusing to provide beneficiaries with estate accounts; favouring certain beneficiaries over others; failing to secure or maintain estate property; and not declaring or managing conflicts of interest. In serious cases, executor misconduct can amount to fraud, and the executor may be personally liable to compensate the estate.

Costs vary depending on the complexity of the case. A straightforward application for an inventory and account may cost in the region of £5,000. Contested removal applications that proceed to a court hearing are typically more expensive and can range from £15,000 to £20,000 or more, depending on the issues involved. In some cases, costs may be paid from the estate. We provide transparent cost estimates at the outset and can discuss no-win, no-fee funding where appropriate.

Joint executors are generally expected to act together. One executor acting unilaterally without the other’s knowledge or agreement can be a breach of duty. However, if one executor does not wish to act, they can renounce probate or have “power reserved” to them. If a co-executor refuses to cooperate, the other executor or a beneficiary can apply to the court for directions or for the removal of the uncooperative party.

Yes. The court has the power to remove an executor under Section 50 of the Administration of Justice Act 1985 and under its inherent jurisdiction. Grounds for removal include misconduct, fraud, persistent failure to act, conflict of interest, breakdown of relationships between co-executors, and incapacity. The court will only remove an executor where it is satisfied that removal is necessary or expedient in the interests of proper estate administration.

If an executor is not communicating with beneficiaries, the first step is usually to write a formal letter requesting specific information and setting a reasonable deadline for response. If the executor still fails to respond, a beneficiary can apply to the court for an inventory and account under Rule 61 of the Non-Contentious Probate Rules 1987. This compels the executor to provide full details of the estate’s assets, liabilities, and distributions. If the court finds the executor’s failure to respond was unreasonable, it will usually order the executor to pay the costs of the application.

The executor’s year is a period of 12 months from the date of death, during which executors are generally not obliged to distribute the estate. This recognises that estate administration takes time - executors need to gather assets, pay debts and taxes, and deal with HMRC. However, the executor’s year is not a licence for inaction; executors should still be progressing the administration during this period. After the executor’s year, beneficiaries are entitled to take steps to compel distribution if delays are unreasonable.

An executor acts fraudulently when they dishonestly misappropriate estate funds or assets for personal gain. This can include stealing money from estate accounts, forging documents, concealing assets, or making false claims about debts owed by the estate. Fraudulent executors can face removal from their role, personal liability to compensate the estate, and in serious cases, criminal prosecution. If you suspect an executor is acting fraudulently, it is important to seek legal advice promptly.

To challenge an executor, you should first raise your concerns in writing, ideally through a solicitor. If informal resolution fails, you can apply to the court for an  inventory and account, which forces the executor to provide full estate accounts. If there are grounds for removal, you can apply to the court to have the executor substituted or removed. The court has wide powers and can order the executor to compensate the estate for any losses caused by their breach of duty. Our specialist team can advise on the best approach based on your specific circumstances.