Understanding your rights when contesting an Executor of a Will

Trusted Executor Dispute Solicitors fighting for your inheritance rights when executors breach their legal duties.

When a loved one passes away, the executor of their will takes on significant legal responsibilities to administer the estate properly. Unfortunately, executors don’t always fulfil their duties as they should, causing unnecessary stress and financial loss to beneficiaries during an already difficult time.

Our experienced executor dispute solicitors at Awdry Law has helped countless clients across England and Wales resolve complex executor disputes efficiently and effectively.

Whether you’re facing delays in estate distribution, suspect financial impropriety, or are concerned about an executor’s competence, our specialist estate, inheritance and will dispute solicitors can help you understand your options and take appropriate action.

What is the role of the Executor and their main duties?

An executor is a person named in a will who is legally responsible for administering the deceased’s estate in accordance with the will’s terms.

This position carries significant responsibilities and duties including:

Gathering and valuing all assets of the deceased
Protecting estate assets against damage, loss or theft
Paying any outstanding debts and liabilities, including funeral expenses and taxes
Obtaining the Grant of Probate which gives them legal authority to administer the estate
Distributing the estate to the correct beneficiaries according to the will
Maintaining proper financial records throughout the administration process
Acting with due care and in the best interests of the beneficiaries

As experienced contentious probate solicitors, we at Awdry Law regularly see how these responsibilities can sometimes lead to friction, particularly when family dynamics are already strained by grief and loss.

What does breach of fiduciary duty mean in executor disputes?

An executor’s obligations are fiduciary in nature. That means they must act with loyalty, honesty and impartiality in the best interests of the estate and beneficiaries.

Failing in these core duties, such as acting for personal benefit, ignoring estate assets, or mishandling funds constitutes a breach of fiduciary duty and may give beneficiaries grounds to challenge the executor in court.

What are the main reasons that cause executor disputes?

While most executors handle their duties responsibly, disputes are becoming increasingly common.

Specialist solicitors, quoted in The Guardian, estimate that around 10,000 inheritance disputes occur annually in England and Wales, driven by complex family structures, higher-value estates, and greater awareness of legal rights.

According to another study, allegations against executors, including breaches of fiduciary duty and improper asset distribution are becoming more common.

The most common breaches of duties that lead to disputes between executor or beneficiaries include:

Excessive Delays: Executors typically have around one year (the ‘executor’s year’) to distribute assets. Unreasonable delays beyond this—without clear justification—often create frustration and suspicion.
Lack of Communication: Executors must keep beneficiaries informed and respond to reasonable requests. Failing to do so can lead to mistrust and disputes.
Conflicts of Interest: Executors who are also beneficiaries may act unfairly, making decisions that benefit themselves, such as keeping valuable assets while disadvantaging others.
Mismanagement of Estate Assets: Executors have a duty to maintain, insure, and prudently invest estate assets. Neglecting these duties can cause financial losses.
Selling Property Below Market Value: Executors sometimes sell estate property cheaply to themselves or others without proper valuation or adequate marketing, breaching their legal obligation to maximise estate value.

In my experience, as a solicitor specialising in contesting wills, even the most straightforward estates can become highly complex once questions are raised about an executor’s conduct.

Allegations of delay, mismanagement or unfair treatment often lead to deep-rooted disputes that are both emotionally and financially draining. Executors are not above scrutiny.

Executors are bound by strict legal duties, and when they fall short, whether through negligence or deliberate misconduct, beneficiaries have every right to challenge their actions through legal means.

Typical red flags that could mean the executor is failing in their duties:

Fails to keep beneficiaries informed or refuses to provide estate accounts
Delays distributing the estate without a valid reason or explanation
Sells estate property below market value, especially to themselves or someone they know
Uses estate funds for personal expenses or cannot account for missing assets
Buys estate assets without proper valuation or approval (self-dealing)
Favours certain beneficiaries over others, rather than acting impartially
Fails to maintain, insure or protect estate assets, causing financial loss
Moves themselves or a relative into estate property without consent
Refuses to sign paperwork or take necessary steps to administer the estate
Charges unreasonable or excessive fees for acting as executor

How to resolve executor disputes?

Are you concerned that an executor is mismanaging the estate, acting dishonestly, or failing to fulfil their legal duties?

Here are some of the available options our contentious probate team recommend:

1. Speak to the executor directly

Where possible, it’s best to raise any concerns with the executor directly. Ask for clarification about how the estate is being managed and set out your concerns in writing. Keeping a clear record of your communication can be helpful if the matter isn’t resolved informally.

If you’re unsure how to approach this, we can help you draft a clear and professional letter to the executor, setting out your position and requesting the necessary information. This often prompts a resolution without the need for further action. We can also review any responses you receive and advise you on your next steps.

2. Request an estate accounting

As a beneficiary, you’re entitled to ask for a clear account of how the estate is being managed. This should include details of all assets, liabilities, expenses, and any distributions made so far.

If the executor doesn’t provide this information, or if what they’ve supplied raises concerns, we can assist you in requesting a formal estate account on your behalf.

In many cases, a solicitor’s involvement prompts a proper response. If the executor still refuses or fails to account properly, we can advise on applying to the court to compel them to do so, and where appropriate, explore steps to have them replaced.

3. Consider mediation

If direct communication hasn’t resolved the issue, mediation can be a practical next step. It offers a structured way for all parties to discuss the dispute with the help of an independent mediator, often leading to agreement without the time, cost, and stress of court proceedings.

We regularly support clients through mediation, from helping you prepare your position to representing you during the process. In many cases, early legal involvement combined with mediation leads to a quicker and more cost-effective resolution.

4. Seek legal advice from executor dispute solicitors

Consulting with specialist wills, estate, and inheritance dispute solicitors is crucial. Our experienced Contentious Probate team can assess the merits of your case, advise on the appropriate legal actions, and help you deal with the often complex legal landscape of executor disputes.

5. Apply to the Court to remove an executor

If other methods fail, you may need to make a formal application to the court to remove the executor. An application to the court to remove an executor involves:

Applying for the executor to be removed and replaced
Seeking an order for the executor to provide an inventory and account
Claiming compensation for losses caused by the executor’s breach of fiduciary duty
Applying for a declaration regarding the correct interpretation of the will.

Can you contest an executor of a will?

Contesting an executor of a will is possible when there’s evidence of misconduct, negligence, or breach of fiduciary duty. Red flags include the executor refusing to provide estate accounts, using estate funds for personal expenses, favouring certain beneficiaries over others, or failing to protect estate assets.

A particularly common issue arises when an executor does not distribute the estate after probate, leaving beneficiaries waiting indefinitely without explanation. The process typically begins with direct communication or a formal written request for information.

If the executor continues to act improperly or refuses to cooperate, you can pursue mediation or make a formal court application to have them removed and replaced. Specialist contentious probate solicitors can assess

Can a beneficiary challenge an executor?

Yes, a beneficiary can challenge an executor if they believe the executor is failing to fulfil their legal duties or acting improperly.

Common grounds for challenging an executor include excessive delays in distributing the estate, lack of communication, mismanagement of assets, conflicts of interest, or selling property below market value.

Beneficiaries have the right to request estate accounts, raise concerns directly with the executor, or pursue mediation to resolve disputes.

When informal methods fail, beneficiaries can apply to the court to remove the executor and seek compensation for any losses caused by breaches of fiduciary duty.

Can an executor contest a will?

An executor can contest a will if they suspect it was improperly executed, made under undue influence, or that the deceased lacked testamentary capacity when creating it. Executors have a duty to ensure the will is valid before administering the estate, so questioning its legitimacy is sometimes necessary.

This situation often arises when the executor notices suspicious circumstances surrounding how the will was made, such as sudden changes that exclude close family members or evidence of coercion.

Co-executors may also raise concerns about validity if another executor attempts to administer an estate based on a questionable document. Seeking legal advice from contentious probate solicitors helps executors determine whether the will should be challenged before beginning estate administration.

Are you specialist executor dispute solicitors?

Our Contentious Probate team at Awdry Law specialises in executor disputes, supporting both executors and beneficiaries when conflicts arise during estate administration.

We handle cases involving breaches of fiduciary duty, delays in distribution, mismanagement of assets, and applications to remove executors. With inheritance disputes increasingly common—around 10,000 occur annually in England and Wales—our solicitors have extensive experience resolving these matters through negotiation, mediation, and court proceedings when necessary.

Whether you need to challenge an executor’s conduct, defend your actions as an executor, or seek compensation for estate losses, we provide practical advice tailored to your circumstances and work to achieve resolutions that avoid unnecessary court costs wherever possible.

Who can make a claim against a Will?

Not everyone can contest a will or challenge an executor’s actions. In most cases, claims are brought by those with a financial interest in the estate or those who believe they’ve been unfairly treated.

Here’s a breakdown of who can bring a claim when faced with an executor dispute:

Beneficiaries in the Current or a Previous Will: If you’re named in the current will or were included in an earlier will but later excluded, you may be able to challenge its validity or question how the estate is being administered.
Spouses and Civil Partners: A surviving husband, wife or civil partner is often entitled to a significant share of the estate. If the will fails to provide reasonable financial provision, they may have grounds to claim.
Executors: Executors can contest a will’s validity if they suspect it was improperly executed or made under undue influence. Co-executors may also raise concerns about how another executor is handling the estate.
Children and Adult Children: This includes biological, adopted and sometimes estranged children. Adult children can also claim, especially where they were financially dependent on the deceased or have specific needs the will fails to account for.
Cohabiting Partners and Financial Dependants: If you lived with the deceased as if you were married or in a civil partnership for at least two years before their death, you may be able to claim under the Inheritance Act if you’ve been excluded or left with insufficient provision.
Step-Children and Treated-as-Children: Children who were treated as part of the family, such as step-children or foster children, may be eligible if they were financially dependent on the deceased.
Former Spouses or Civil Partners: Provided they haven’t remarried or entered a new civil partnership, they may be able to bring a claim—especially if financial arrangements from the divorce were unresolved or ongoing.
Other Interested Parties: This includes individuals or organisations who were promised an inheritance, or who believe they had a legitimate expectation to benefit from the estate, such as charities or close friends.

Looking to challenge an executor of a will? Speak to our Will dispute solicitors today…

Disagreements involving Executors can cause significant stress and delays in estate management. Often, these disputes can be resolved effectively through negotiation, but if problems persist, other options are available.

Our specialist Contentious Probate team at Awdry Law has extensive experience supporting both Executors and beneficiaries. We strive to resolve disputes promptly and amicably, aiming to avoid court proceedings wherever possible.

If you want to challenge an executor of a will or raise questions about an Executor dispute, please contact our team today on 01225 417111 for a no-obligation discussion about your circumstances and how we can assist you.

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