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.

Removing or replacing an executor Compelling an account of the estate Beneficiary rights enforced Free initial consultation

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.

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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.

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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.

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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.

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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.

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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.

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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.

How It Works

Executor disputes often resolve without proceedings — once the executor understands that the beneficiary has legal advice and intends to use it.

A solicitor will write to the executor setting out the concern and the required remedy — most disputes are resolved at this stage. Where they are not, an application to the Chancery Division is straightforward and the court will compel the executor to act.

Submit Your Request
1

Describe the executor's conduct

Tell us what the executor is — or is not — doing, how long the administration has been running, and what loss has been caused or threatened.

2

Solicitor identifies the remedy

An estates specialist identifies whether removal, an account, or a breach of duty claim is the appropriate route — and whether a letter is likely to resolve the matter.

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Free initial consultation

You receive clear advice on the options and the realistic outcomes — at no cost and no obligation.

Free Initial Consultation

An executor who refuses to account, delays without reason, or benefits themselves at the estate's expense is in breach of duty — and the remedy is clear.

Get specialist advice on your executor dispute and find out what legal steps will resolve it most efficiently.

Resolve My Executor Dispute

Common Questions

Executor disputes — what people ask us.

The executor is a sibling who is also a beneficiary and is taking too long. What can I do?

An executor must administer the estate within a reasonable time. After the executor's year (12 months from death), a beneficiary can issue a "citation" — a formal court document requiring the executor to obtain a grant of probate or lose the right to do so. If administration has begun but is unreasonably delayed, an application to the court to compel administration is available. A solicitor will write to the executor first — often a formal letter from a solicitor is enough to prompt action. If it is not, the appropriate court application will be issued.

Can I force the executor to provide a copy of the will and estate accounts?

Yes. A beneficiary named in the will is entitled to a copy of the will and to information about the estate's administration. The executor must account to the beneficiaries and cannot refuse to disclose what assets the estate held and what happened to them. Where an executor refuses, a court order can be obtained compelling disclosure and accounts. A solicitor will write to the executor requiring disclosure — and where that request is ignored, issue the appropriate proceedings.

The executor has sold an estate asset well below its value. Can I claim compensation?

Yes — an executor who sells an estate asset at an undervalue is in breach of their duty to act in the best interests of all beneficiaries. The executor must make good the shortfall to the estate. A solicitor will assess what the asset was worth at the time of the sale — using an expert valuation if necessary — and pursue the executor for the difference. Where the asset was sold to a connected party (a family member or business associate of the executor), the transaction may also be set aside.

I am an executor and a beneficiary is threatening to remove me. What are my rights?

An executor cannot be removed without a court order. The court has discretion — removal requires evidence of conduct that makes it appropriate. Mere unhappiness with decisions the executor has legitimately made is not a ground for removal. A solicitor will assess whether the beneficiary's concerns are legitimate, advise on the conduct of the administration, and defend any section 50 application. Where there are genuine concerns, they may also advise on voluntary steps to address them — reducing the risk of a successful removal application.

The executor has distributed the estate and left me out. What can I do?

Where you were entitled to a share of the estate under the will and the executor distributed without paying you, the executor is personally liable for the amount due. You can also seek to recover from the beneficiaries who received assets — where they received knowing of your entitlement, they hold the assets on a constructive trust for you. A solicitor will assess the position, identify who holds the assets, and take the appropriate action to recover your share — whether against the executor personally or the recipients of the misdistributed estate.

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