Executor Dispute Solicitors

An executor dispute is a disagreement about the conduct, decisions, or suitability of the person appointed under a Will to administer the estate.

The dispute may arise before the grant of probate is issued, during the administration of the estate, or after distribution has begun.

Where the deceased died without a Will, the equivalent role is performed by an administrator appointed under the intestacy rules. The legal duties are the same and the remedies for misconduct are the same, so most of the principles set out on this page apply equally to disputes with administrators.

Trustee or executor disputes are distinct from wider estate administration disputes, which can involve disagreements between beneficiaries, valuation disputes, or arguments about what belongs to the estate.

An executor dispute is specifically about the person in charge, what they have done, what they have failed to do, and whether they should continue in the role.

Before seeking advice on your dispute, you should read our guide on executor rights and what they can and cannot do. You may find that a delay is perfectly reasonable under the law.

Common causes of disputes with trustees and executors

Most executor disputes are caused by one of the following issues:

• Lengthy delay without explanation: Many lay executors underestimate the time and complexity involved in administering an estate. Where delay extends well beyond the executor’s year without good reason, beneficiaries are entitled to challenge it.
• Failure to communicate with beneficiaries: Residuary beneficiaries are entitled to information about the estate. An executor who ignores letters, refuses to provide estate accounts or withholds asset valuations is open to formal challenge.
• Disputes between siblings: Problems often arise when siblings inherit a deceased parents property and one party continues living their rent-free or refuses to sell the property, delaying beneficiaries receiving their inheritance.
• Mismanagement of estate assets: Selling property at an undervalue, failing to insure assets, neglecting investments, allowing tenanted property to fall into disrepair, or failing to realise assets in a timely way can all cause measurable loss to the estate.
• Conflict of interest: An executor must not place personal interest above duty. Selling estate property to themselves, a family member, or a connected party at an undervalue is one of the most common examples and is regularly the basis for removal applications.
• Misappropriation of estate funds: Using estate money for personal purposes, taking unauthorised payments as “expenses,” or transferring estate assets without authority is the most serious form of executor misconduct. It can result in personal liability, removal, and in some cases criminal investigation.
• Failure to follow the terms of the Will: Distributing to the wrong beneficiaries, in the wrong shares, or ignoring specific gifts can give rise to claims for recovery against both the executor and the recipients.
• Breakdown between co-executors: Where two or more executors are appointed jointly, they must usually act unanimously. A deadlock between co-executors can stall the administration entirely and is a recognised ground for court intervention.
• Allegations of negligence against professional executors: Solicitors, accountants, and trust corporations appointed as executors can face professional negligence claims where mistakes cause loss to the estate.

How to hold an executor accountable

The law provides a structured set of remedies for holding an executor to account. The right one depends on the nature of the dispute, the strength of the evidence, and the outcome you are seeking.

The main legal remedies for holding an executor accountable include the following:

• Caveat at the Probate Registry: Where the validity of the Will itself is in doubt, a caveat can be lodged to prevent the grant of probate being issued while the position is investigated.
• Request for estate accounts: A residuary beneficiary is entitled to estate accounts on request. A solicitor’s letter setting out the request and the legal basis often produces the information without further escalation.
• Application for inventory and account: Where the executor refuses to provide accounts, an application can be made to the Probate Registry or the court under section 25 of the Administration of Estates Act 1925 for an order requiring the executor to provide a sworn inventory of the estate and an account of their administration.
• Citation to take or refuse a grant: If an executor named in the Will is delaying applying for probate, a citation can compel them to take the grant within a set period or step aside in favour of someone else.
• Application for directions: Executors and beneficiaries can apply to the court for directions on specific questions arising in the administration, such as the proper interpretation of a clause in the Will or whether a particular asset belongs to the estate.
• Application to remove an executor: Where the executor is unfit, has acted in serious breach of duty, or is in irreconcilable deadlock with a co-executor, an application can be made under section 50 of the Administration of Justice Act 1985 to remove and replace them. Removal is treated by the court as a last resort and the evidence must show that the welfare of the estate requires it.
• Claim for breach of fiduciary duty: Where the estate has suffered financial loss because of an executor’s conduct, a claim can be brought to recover that loss personally from the executor. These claims can include claims for an account of profits where the executor has benefited personally from a breach.

How to resolve trustees or executor disputes outside court

The courts expect parties to attempt resolution outside court before issuing proceedings. Cost orders are routinely made against parties who rush to litigation without exploring alternatives.

In most trustee and executor disputes, the right strategy is a structured escalation:

• Direct correspondence setting out the concerns, the legal basis, and the remedy sought
• Renunciation or power reserved where one executor agrees to step back voluntarily, provided they have not yet intermeddled in the estate
• Mediation with an experienced contentious probate mediator, which resolves the majority of executor disputes that reach that stage
• Negotiated settlement dealing with the substantive distribution, the executor’s costs, and any compensation to the estate
• Arbitration in the small number of cases where the parties want a binding decision without going to court

Frequently asked questions about disputes with trustees or executors