Contesting a Will – Improper Conduct Of Executors 
While the two main reasons for making a contested probate claim are either the invalidity of the will or over the alleged lack of provision made for financial dependants of the deceased, there are other issues that can sometimes lead to wills being contested. One of these is executor disputes – which occur if you feel there has been improper conduct by one or more of the executors of the will.
If you are potentially involved in an executor dispute, our team have the specialist experience you need. The deal with disputes with Executors locally throughout Wiltshire, Hampshire, Somerset and Dorset and nationally throughout England and Wales from our offices in Salisbury, Andover, Fordingbridge and Amesbury.
Worried about a possible executor dispute? Call our expert lawyers on FREEPHONE 0800 1404544 for FREE initial phone advice – with no strings attached.
What is the role of an Executor?
Executors are sometimes known as the ‘Personal Representatives’ of the deceased, and it is their job to ensure that the wishes of the deceased are carried out in accordance with what has been laid down in the will. It is expected that they will be impartial and carry out their duties without any bias.
What causes Executor Disputes?
If you feel that they have taken advantage of their role or otherwise behaved improperly, then you might be able to challenge their actions by making a contested probate claim.
Among the main causes of such disputes are following;
• Not acting in the interest of the estate. If you are a beneficiary of the will and feel that one of the Personal Representatives has not acted in the best interests of the estate or those with an inheritance claim, then you might be able to contest their decision.
This is especially relevant in cases where the Personal Representative is also a beneficiary of the will or has a vested interested in a company (such as being a shareholder or director) that the estate benefits. This can lead to disputes between the Personal Representative and beneficiaries, and the most common procedure is then to have the PR removed and replaced by someone else. This can be applied for by either a beneficiary or the PR themselves in order to minimise disputes.
•Improper behaviour. If one or more of the executors is a close friend or relative of one of the beneficiaries of the will. If you feel they have acted unjustly or with bias towards their associate in a way that wasn’t provided for in the will of the deceased, then you may have grounds to challenge their decision. Remember that you always need to have evidence of their improper behaviour so you can prove to the court that your own actions are just. A successful contested probate claim relies on the quality of the evidence presented as, without it, the will is likely to stand as it is.
• Dishonesty. You can also challenge the will if they Personal Representative have been dishonest such as by taking action to prevent you from making your rightful inheritance claim or by misleading you about the contents of the will. Dishonesty in the disclosure of assets also quite often features as a major part of a dispute. This may occur whether the executor of a UK will wishes to claim further assets for themselves or wish to secure extra assets for a beneficiary whom they are close friends wit
• Disagreements over administration. This might be no more than a difference of opinion over a technical matter, such as the merits of a particular investment, or the disposal of a particular asset. As with all differences of opinion, if no compromise can be reached, then it may be best to seek a professional third opinion, perhaps from experienced inheritance lawyers, or to consider mediation or arbitration.
• Failing to execute the wishes of the deceased
• Problems with renunciation of probate. The desire of one executor to renounce probate before it has been granted. This is a technically tricky area – the ability to renounce probate may not be possible, depending on how much involvement the executor has already had in the estate.
Click here to read more about Renunciation of Probate
• Arguments with executors. It may be simply that the executor or trustee is being argumentative or difficult. You may not wish to contest a Will but simply remove an executor.
• Disputes over selling property. There may be a disagreement where executors or beneficiaries entertain strong, conflicting views such as the decision to sell a particular asset.
When can an executor be removed?
If you believe an executor is failing in their duties or acting improperly, it is possible to apply to the court for their removal or replacement.
The court does not take this step lightly — removal will only be ordered if the executor’s conduct risks damaging the proper administration of the estate.
Common reasons for removal include:
- Delays in administering the estate — for example, failing to apply for probate within a reasonable time or not responding to beneficiaries’ enquiries.
- Conflict of interest — where the executor is also a major beneficiary and allows personal interest to override fairness.
- Failure to provide information — refusing to share estate accounts or explain decisions.
- Misuse of estate funds — such as withdrawing money for personal use or favouring one beneficiary.
- Hostility between executors — if two or more executors cannot cooperate, the court may replace one or both to protect the estate.
Applications are usually made under section 50 of the Administration of Justice Act 1985 and require clear evidence of wrongdoing or dysfunction. It’s vital to take legal advice before applying.
Executor’s duty to provide estate accounts
Executors are legally required to keep accurate records of every financial transaction relating to the estate. Beneficiaries are entitled to request:
- A full breakdown of assets and liabilities
- Details of money collected and payments made
- The final estate accounts before distribution
If an executor refuses to provide this information or offers vague or misleading figures, that may be grounds for legal action.
A solicitor can help by formally requesting disclosure, or, if necessary, applying to court to compel the executor to produce the accounts.
How long should probate take?
While there is no fixed timescale, most straightforward estates should be completed within 6–12 months of death. Executor disputes are one of the most common causes of delay, especially where one executor:
- Refuses to cooperate or sign probate papers
- Holds up the sale of a property
- Avoids communication with beneficiaries
In these situations, you can ask the court to order the uncooperative executor to act — or in serious cases, to step down.
What can beneficiaries do if executors won’t communicate?
Poor communication is often the first warning sign of an executor problem.
If an executor ignores emails, letters, or reasonable questions about the estate:
- Write formally — request a response within a set time frame.
- Involve a solicitor — a letter from an experienced contentious probate lawyer can often prompt action.
- Apply to court if necessary — the court can order the executor to provide information or progress the administration.
- Beneficiaries have a right to be kept informed — silence or avoidance is not acceptable.
- Misuse of funds or property by executors
Sadly, it’s not uncommon for executors to blur the line between estate money and their own finances. Examples include:
- “Borrowing” money from estate accounts
- Living rent-free in a property belonging to the estate
- Selling estate assets below market value to friends or relatives
- Failing to declare or collect all assets
This behaviour can amount to executor fraud or breach of fiduciary duty. In these cases, the court can:
- Order the executor to repay misused funds
- Remove them from their position
- Award costs against them personally
In very serious cases, as the Swansea example above shows, criminal prosecution may also follow.
Professional executors and avoiding future disputes
If you are preparing your own will, one of the best ways to avoid future conflict is to appoint a professional executor such as a solicitor.
Benefits include:
- Impartiality — a professional executor is not emotionally involved
- Experience — they understand the legal, financial and tax rules
- Transparency — clear record-keeping and communication
- Continuity — professional firms can continue to act even if a partner retires or moves
Our private client team regularly act as independent executors for estates of all sizes, ensuring the process is handled fairly and efficiently.
Want to know more?
Click here to read our 14 Key Reasons To Use A Solicitor for Probate
How To Resolve Disputes With Executors
The administration of an estate can be an emotive business. Human nature being what it is, even the most professional and disinterested personal representatives can find themselves in dispute with each other. It’s therefore very important to deal with them before they escalate too far.
Differences of opinion can sometimes become more entrenched and problematic. With emotions already running high following the death of a loved one, arguments regarding the deceased finances add an unwanted stress.
It may however be possible to resolve an executor dispute simply by gaining professional advice from a solicitor with plenty of experience of resolving UK inheritance claims.
If that doesn’t work, our solicitors will try to help you to reach a negotiated settlement – using mediation if necessary. It’s only if all other avenues work that you should consider fighting the issue at court.
How seriously do the courts take the role of executor?
The answer is sometimes very seriously indeed. A good example was the 2025 criminal case at Swansea Crown Court involving Katherine Hill and her 93 year old father, Gerald.
The case involved a trust with assets of 50,000 created by Mrs Hill’s mother in favour of 2 grandchildren, Mrs Hill’s daughters.
Unfortunately Mrs Hill, the trustee, assisted by her father, withdrew all of the trust monies to pay bills and enjoy a more extravagant lifestyle.
The fraud was discovered which led to an order against Mrs Hill to repay the entire £50,000, by raising equity from her own home to repay her daughters. She was also sentenced to 30 months in prison, while father was sentenced to jail for 12 months, although in his case, the sentence was suspended for 18 months.
Mediation and early resolution
Court action is sometimes necessary but can be costly and stressful. Mediation is usually quicker, confidential, and far less damaging to family relationships.
A trained mediator can help the parties reach an agreement about how the estate should be handled, including:
- Agreeing who should act as executor going forward
- Setting clear timelines for distribution
- Deciding how property or assets should be divided
Many executor disputes are successfully resolved through mediation without ever going to court.
Involved in an executor dispute? Don’t delay in getting specialist legal advice
Probate can be a surprisingly slow process sometimes. Disputes between executors can cause significant delay and can stall the administration of an estate.
Beneficiaries can be seriously affected – not being paid what they are due promptly. These disputes can also cause enormous stress to all those involved – especially the executors themselves.
That’s why it’s important to appoint specialist solicitor who really understands executor disputes – and to try to resolve any disagreement as soon as possible.
If you are currently involved in a dispute with an executor of a Will in which you are jointly executing or are a beneficiary you will need to make your claim within 6 months of the grant of probate. However the rules are tight so it is advisable to make your claim as early as possible. Make sure that you seek the help of a solicitor who specialises in Executor Disputes who will be able to advise you on your options.
Our Executor Disputes Experience
Our team has the expertise you need. We regularly run contested probate and inheritance act claims, including executors disputes, both locally throughout Wiltshire, Hampshire, Somerset and Dorset as well as nationally throughout England and Wales, from our four offices in Salisbury, Andover, Fordingbridge and Amesbury. We also act on behalf of clients who want to contest a power of attorney – whether it’s a Lasting, General or Enduring Power of Attorney.
Thinking of getting involved in an executor dispute? Read our warning
Whatever the cause, executor disputes can prove tricky and worse still, can cause real and lasting divisions between friends and family – probably the very last thing in the world that the deceased wanted. Turning this kind of dispute into a legal case should only ever be a last resort.
Do ask yourself the following question – “Do I really want to get involved in a contested probate case?”
What happens if probate is not applied for UK?
If probate is not applied for, the estate cannot usually be dealt with properly. Banks and financial institutions will not release funds above their limits, property cannot be sold or transferred, and debts cannot be settled. This leaves the estate effectively “frozen.” Executors or administrators also have a legal duty to manage the estate—failing to apply for probate when required can cause delays, disputes, or even personal liability for losses. In short, without probate the estate cannot be fully administered, and beneficiaries may not receive their inheritance.
And if the executor has not applied for probate, you may have a number of alternatives including forcing action by the executor or applying to become an executor yourself.
