Executor Dispute Solicitors
Executors have legal duties to beneficiaries — and beneficiaries have legal rights to enforce them. A dispute over how an estate is being administered has remedies.
Whether you are a beneficiary concerned about an executor's conduct, an executor facing accusations of mishandling the estate, or a co-executor in dispute with another — there are established legal routes to resolve the dispute, compel the executor to account, or have them replaced. A solicitor will identify the correct remedy and manage the proceedings efficiently.
Types of Executor Dispute
Executor disputes — the issues that arise and the legal remedies available.
Executor disputes arise for many reasons — delay, mismanagement, conflict of interest, or outright breach of duty. A solicitor will identify the most appropriate remedy and pursue it without unnecessary delay or cost.
Removing an executor under section 50
Section 50 of the Administration of Justice Act 1985 gives the court power to substitute another personal representative for an existing one — or to add a new personal representative — where the court thinks it is expedient to do so. Removal is appropriate where the executor is in breach of their duties, has a conflict of interest, is incapable of acting, or where relations between the executor and beneficiaries have broken down to the point where the estate cannot be efficiently administered. A solicitor will assess the grounds and issue a Part 8 claim if removal is justified.
Action for an account
A beneficiary is entitled to an account of the estate — a statement of the assets collected, liabilities paid, and distributions made. Where an executor refuses to provide an account or provides an inadequate one, the beneficiary can apply to the court for an order compelling the executor to pass accounts. Once the accounts are examined and errors are identified, the executor can be required to restore the estate to the position it would have been in but for the breach. A solicitor will draft the claim and manage the accounting process.
Breach of executor duty
An executor owes a duty of care to the estate and its beneficiaries — to collect the assets, preserve them pending administration, pay debts in the correct order, and distribute the estate in accordance with the will. Breach of this duty — including distributing assets to the wrong beneficiaries, selling estate assets at an undervalue, failing to collect assets promptly, or failing to pursue claims available to the estate — makes the executor personally liable to restore the estate. A solicitor will assess the breach and the loss caused, and pursue the executor for the deficit.
Delay and the devastavit
An executor who fails to administer the estate within a reasonable time is in breach of duty. "Administration" must typically be completed within the executor's year — 12 months from the date of death — though complex estates take longer. Where administration is unreasonably delayed — leaving estate assets undistributed, failing to sell property, or delaying the payment of legacies — the executor can be compelled to proceed and made liable for any loss caused by the delay. A solicitor will assess whether the delay is unreasonable and issue proceedings to compel administration.
Co-executor disputes
Where two or more executors are appointed and disagree on how the estate should be administered — including disputes about whether to sell the family home, the value at which to distribute specific assets, or whether to pursue a claim on behalf of the estate — the disagreement can stall the whole administration. A solicitor will advise on the legal position between co-executors, attempt to resolve the dispute without proceedings, and where necessary apply to the court for a direction or for the removal of the obstructing co-executor.
Conflict of interest
An executor who is also a beneficiary — or who has a personal interest in the outcome of the administration — must act in the interests of all beneficiaries. Where an executor takes advantage of their position — purchasing estate assets at a favourable price, pursuing an interpretation of the will that benefits themselves, or delaying distribution to increase their own return — this is a conflict of interest that can ground removal and a claim for breach of duty. A solicitor will identify the conflict and advise on the correct remedy.