Solicitors Specialising in Executor Disputes and Contested Probate 
Yes. A beneficiary can challenge an executor if they believe the executor is failing to carry out their duties properly, delaying the administration of the estate, acting unfairly, mismanaging assets or putting their own interests ahead of the beneficiaries.
However, not every disagreement of this type justifies legal action. Executors are given wide powers under English and Welsh law and beneficiaries cannot simply “override” an executor because they are unhappy with decisions being made.
The key question is usually whether the executor is:
- carrying out their legal duties properly;
- acting honestly and reasonably; and
- progressing the estate administration within a reasonable time.
Where serious problems arise, beneficiaries may be able to:
- demand information and estate accounts;
- challenge specific decisions;
- apply to court for orders requiring action;
- seek the removal or replacement of the executor; or
- bring claims for losses caused by executor misconduct.
These kind of probate disputes can become highly emotional, particularly where family relationships have already broken down following a death. Early legal advice can often help resolve matters before costs escalate and positions become entrenched.
Worried about a possible executor dispute? Call our expert lawyers on FREEPHONE 0800 1404544 for FREE initial phone advice – with no strings attached.
What Does an Executor Actually Do?
An executor is the person appointed in a will to deal with the deceased’s estate. An executor is a type of personal representative, which is the legal term for someone responsible for administering a deceased person’s estate. Executors are appointed by a will, whereas administrators are appointed when there is no valid will or no executor is able to act.
Their responsibilities usually include:
- registering the death;
- locating assets and liabilities;
- applying for probate;
- paying debts and taxes;
- collecting in estate assets;
- selling property if necessary;
- preparing estate accounts; and
- distributing the estate to beneficiaries.
Executors owe legal duties to the beneficiaries of the estate. They must act in good faith and in the best interests of the estate as a whole.
An executor is not allowed to treat the estate as their own money or use their position for personal advantage.
Can Beneficiaries Override an Executor?
Usually, no. Beneficiaries do not have an automatic right to direct or overrule a personal representative simply because they disagree with the way the estate is being administered.
For example, beneficiaries cannot normally:
- force immediate distribution before debts and taxes are settled;
- insist that assets are sold or retained in a particular way;
- demand payment before probate is obtained; or
- interfere with the executor’s day-to-day administration of the estate.
However, beneficiaries are entitled to expect that the executor acts properly and within a reasonable timeframe.
If an executor:
- refuses to communicate;
- ignores their legal obligations;
- causes unreasonable delays;
- misuses estate assets; or
- acts dishonestly,
the beneficiaries may have grounds to challenge the executor’s conduct.
When Can a Beneficiary Challenge an Executor?
There are many situations where concerns about an executor may arise. Some disputes involve incompetence or delay rather than dishonesty. Others involve serious allegations of misconduct.
Common reasons beneficiaries challenge executors include the following.
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Excessive Delay in Administering the Estate
One of the most common complaints is delay.
While many estates take longer than beneficiaries expect, executors are expected to progress matters reasonably efficiently.
Delays may occur because of:
- inheritance tax issues;
- property sales;
- missing paperwork;
- disputes between family members;
- overseas assets; or
- complex financial arrangements.
However, concerns arise where an executor:
- makes little or no progress;
- repeatedly ignores correspondence;
- fails to apply for probate without good reason; or
- appears to be deliberately delaying the administration.
There is a long-established principle known as the “executor’s year”. This reflects the idea that executors are generally allowed around 12 months from the date of death to administer the estate before beneficiaries can normally expect distribution. That does not mean every estate must be completed within a year. Complex estates often take much longer. Equally, executors cannot simply do nothing for 12 months without explanation.
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Failure to Communicate With Beneficiaries
Executors are not required to provide constant updates, but they should keep beneficiaries reasonably informed.
Problems commonly arise where executors:
- refuse to answer emails or calls;
- fail to explain delays;
- ignore reasonable requests for information; or
- create suspicion through lack of transparency.
Poor communication alone may not justify court proceedings, but it often becomes evidence of wider problems.
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Misuse of Estate Assets
Executors must keep estate money and property separate from their own finances.
Serious concerns arise where an executor:
- withdraws estate money for personal use;
- transfers assets improperly;
- sells assets below market value to friends or family;
- lives in estate property without authority;
- fails to account for money received; or
- benefits personally at the expense of beneficiaries.
An executor who misuses estate assets may become personally liable for losses caused to the estate.
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Conflict of Interest
Executors are often also beneficiaries. That is perfectly normal and does not automatically create a problem.
However, difficulties can arise where an executor places their own interests ahead of the estate or other beneficiaries. Examples may include:
- delaying a property sale because they occupy the property;
- favouring one beneficiary over another;
- attempting to pressure beneficiaries into agreements; or
- using estate assets for personal benefit.
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Failure to Apply for Probate
Sometimes an executor simply fails or refuses to act. This can leave estates effectively frozen for months or even years.
Where an executor does not wish to act, they may be able to:
- renounce their role completely; or
- reserve power to another executor.
If they refuse to step aside while also failing to progress matters, you may have valid grounds to challenge an executor and court action may become necessary.
Can an Executor Be Removed?
Yes. The court has power to remove or replace an executor in appropriate cases.
However, removal is regarded as a serious step and the court will not remove an executor merely because:
- beneficiaries dislike them;
- there is family tension; or
- there are personality clashes.
The court’s main concern is whether the estate can be administered properly and in the interests of the beneficiaries.
Grounds for Removing an Executor
Examples of situations where removal may be considered include:
- serious delay;
- dishonesty;
- failure to account for estate assets;
- hostility preventing proper administration;
- conflict of interest;
- incapacity;
- misuse of estate funds; or
- complete breakdown in administration.
The court has powers under section 50 of the Administration of Justice Act 1985 to remove or substitute personal representatives. However, each case depends heavily on its facts.
Can a Beneficiary Ask to See Estate Accounts?
Yes, they can. Beneficiaries are usually entitled to sufficient information to understand how the estate is being administered.
Executors are often expected to provide estate accounts showing:
- assets;
- liabilities;
- money received;
- payments made; and
- proposed distributions.
Refusal to provide proper information can increase suspicion and may strengthen a beneficiary’s position in any dispute.
What Happens if an Executor Refuses to Act?
Where an executor is simply failing to progress the estate, legal steps may sometimes be taken to force matters forward.
Depending on the circumstances, options may include:
- formal solicitor’s correspondence;
- citations through the Probate Registry;
- applications requiring the executor to accept or renounce probate; or
- court applications for removal.
Fortunately, in many cases, firm legal correspondence is enough to resolve matters without the need for expensive and often very protracted contested court proceedings.
Can a Beneficiary Sue an Executor?
Potentially, yes, legal action is possible. If an executor breaches their legal duties and causes financial loss to the estate or beneficiaries, claims may sometimes be brought against them personally.
Examples may include:
- loss caused by negligent administration;
- failure to protect estate assets;
- improper investments;
- unauthorised distributions; or
- misappropriation of funds.
Executors can become personally liable in serious cases.
However, litigation involving estates can be expensive and the legal costs may significantly reduce the estate available for distribution. Early legal advice is therefore important before court proceedings are started to challenge an executor.
What Evidence Helps in Executor Disputes?
Any dispute which could theoretically go before the court will rely on providing enough proof. If you are looking to challenge an executor, useful evidence may include the following:
- copies of the will;
- correspondence with the executor;
- timelines showing delay;
- probate records;
- estate accounts;
- bank statements;
- property valuations; and
- evidence of missing assets or transactions.
When looking to challenge a personal representative, beneficiaries should avoid making allegations of dishonesty without evidence. Courts take such allegations seriously.
Are Executor Disputes Common?
Yes, sadly they are. These kind of disputes are increasingly common, particularly where:
- blended families are involved;
- estates include property;
- family relationships are poor;
- there are multiple beneficiaries; or
- substantial sums are involved.
Many disputes arise not because of fraud, but because executors underestimate the complexity and responsibility of the role.
Executors are often family members dealing with grief, family pressure and unfamiliar legal obligations at the same time.
Can Executor Disputes Be Resolved Without Court Proceedings?
The good news is that disagreements involving probate in general can be resolved without going near the court – and thankfully most of them do get sorted this way.
Many disagreements with personal representatives can be resolved through:
- negotiation;
- mediation;
- formal requests for information;
- agreements about timescales; or
- voluntary resignation by the executor.
Court proceedings are usually treated as a last resort because they can:
- increase costs;
- delay the estate further; and
- damage family relationships permanently.
Early specialist advice can often help identify practical solutions before matters escalate.
Time Limits in Executor Disputes
There is no single limitation period applying to all of these disputes.
The relevant time limit depends on:
- the type of claim;
- whether fraud or breach of trust is alleged; and
- whether financial loss has occurred.
However, beneficiaries should not delay seeking advice if serious concerns arise, particularly where estate assets may be at risk.
Getting Legal Advice About How To Challenge an Executor – how we can help
These kind of probate disputes can be legally and emotionally complex.
A beneficiary may suspect misconduct when there is in fact a legitimate explanation for delay. Equally, genuine misconduct sometimes goes unchallenged for too long because beneficiaries are unsure of their rights.
Our specialist contentious probate solicitors can advise on:
- whether the executor’s conduct is unreasonable;
- whether court action is justified;
- the strength of evidence available;
- the likely costs involved; and
- the practical options for resolving the dispute.
At Bonallack & Bishop, our contentious probate solicitors advise beneficiaries, executors and family members on disputes involving wills, probate and estate administration across England and Wales.
We can help with:
- executor delay claims;
- applications to remove executors;
- estate account disputes;
- inheritance disputes;
- probate disputes; and
- negotiated settlements and mediation.
For expert advice about how to remove or challenge an executor, contact our contentious probate team today. Call our expert lawyers on FREEPHONE 0800 1404544 for FREE initial phone advice – with no strings attached.
Can a Beneficiary Challenge an Executor?Frequently asked questions
Can beneficiaries remove an executor?
Potentially, yes. Beneficiaries can apply to court to remove an executor where there are serious concerns such as unreasonable delay, dishonesty, conflict of interest, failure to administer the estate properly or misuse of estate assets. However, courts will not remove an executor simply because beneficiaries dislike them or disagree with every decision made.
Can a beneficiary override an executor?
Usually not. Executors are legally responsible for administering the estate and beneficiaries cannot normally overrule their decisions. However, beneficiaries can challenge an executor’s conduct if they are acting improperly or failing to carry out their duties.
What can an executor of an estate not do?
An executor must not misuse estate assets, favour themselves unfairly, ignore the terms of the will, distribute assets before debts are paid or act dishonestly. Executors owe legal duties to the beneficiaries and may become personally liable for losses caused by misconduct or negligence.
Why would an executor delay probate?
Delays can arise for many perfectly valid and legitimate reasons including inheritance tax issues, property sales, missing paperwork, overseas assets or disputes between beneficiaries. However, concerns may arise where an executor fails to communicate or makes little progress without good explanation.
Does contesting a will delay probate?
Yes, it can. If the validity of a will is challenged, probate may be delayed until the dispute is resolved. The extent of the delay depends on the complexity of the dispute and whether court proceedings become necessary.
What happens if an executor refuses to act?
They may be able to renounce their role or step aside in favour of another executor. If they refuse to cooperate while also preventing progress on the estate, court action may be needed.
Can an executor be a beneficiary of the will?
Yes. It is very common for executors also to be beneficiaries of the estate. Being both does not automatically create a conflict of interest, although disputes can arise if the executor acts unfairly or improperly.
How long should probate take?
Simple estates may sometimes be administered within six to twelve months, but more complex estates often take longer. Factors affecting timescales include inheritance tax issues, property sales, disputes, overseas assets and delays obtaining information from financial institutions.
