When someone passes away, the executor of their will is responsible for managing the estate and ensuring the deceased’s wishes are carried out. In most cases, this process runs smoothly. However, problems can arise if a beneficiary believes the executor is not acting in the best interests of the estate or is failing in their duties.
If you are a beneficiary and have concerns about how an executor is handling the estate, whether due to delays, lack of transparency, or suspected misconduct, you may be able to challenge their actions or even apply to have them removed.
In this article, we explain the role of an executor, the legal grounds on which a challenge can be made, and the steps beneficiaries can take if disputes with an executor arise. We also outline the potential risks involved and how seeking early legal advice can help protect your interests.
Executors’ duties
The duties of an executor, or personal representative if there was no will, include:
- Paying any debts the estate owes.
- Collecting the estate’s assets.
- Applying for probate.
- Dealing with any payable Inheritance Tax.
The nature of the role means that executors may be required to provide information to many different financial institutions and deal with routine enquiries from various government bodies such as HMRC, the Department for Work and Pensions and the Probate Registry.
Most delays can be attributed to executors waiting for responses from these various institutions or collating information that has been requested. For this reason, it is not uncommon for beneficiaries to experience delays and irregular updates from the executor between the person’s death and the estate being distributed.
However, situations may arise which extend further than delays, including:
- Disputes between the executor and beneficiaries.
- An executor’s refusal to act or update beneficiaries at all.
- A conflict arising between the executor’s interests and the beneficiaries’.
When these issues do not resolve themselves, it may be necessary for beneficiaries to explore the options available to them to progress the administration.
Removal of an executor
The courts are not keen to remove an executor who was appointed by a living individual in their will. However, they will consider it if there are ‘special circumstances’ which are ‘necessary’ or ‘expedient’ to appoint another person in replacement of the existing executor.
However, where the courts are satisfied that the executor is conflicted or that the relationship with the beneficiary is such that the administration of the estate cannot be undertaken, the courts have the power to remove the executor and replace them with:
- Another individual, or
- An independent professional executor (for example, a firm of solicitors).
Typically, the process of removing an executor by way of court order can take longer than the administration of the estate. Therefore, it isn’t usually advisable for beneficiaries to proceed with this route if they are concerned about the length of time the administration is taking.
Other options to consider
It is worth beneficiaries attempting alternative methods before going down the removal route. Similar to Alternative Dispute Resolution in civil courts, the courts are likely to be more favourable to beneficiaries seeking the removal of an executor if they can demonstrate the steps they have taken to resolve the executor dispute before commencing proceedings.
These can include:
- Preparing a formal letter to the executor requesting more involvement.
- Arranging regular meetings with the executor to discuss the position.
- Apply for an inventory and account for the disclosure of estate accounts and supporting information.
On what grounds can a beneficiary challenge an executor?
A beneficiary can challenge an estate executor if they believe the executor is not acting in accordance with their legal duties. Common grounds include failing to administer the estate properly, delaying distribution without justification, not keeping beneficiaries adequately informed when asked, or acting in their own interests rather than those of the estate.
In more serious cases, concerns about dishonesty, financial misconduct, or breach of trust may justify legal action. It is important to seek legal advice early, as executor disputes can be complex and may require clear evidence of wrongdoing or mismanagement.
What steps should a beneficiary take if they have concerns about an executor?
If you are concerned about how an executor is managing an estate, the first step is to raise the issue with them directly and request a clear update on progress. Executors are expected to be transparent and provide regular information to beneficiaries. If concerns remain unresolved, you should seek legal advice.
Keeping a record of your requests for information from the executor can be used as evidence to demonstrate an executor’s failure to act accordingly.
A solicitor can help you obtain an executor’s account of administration, request formal information under the law, or take court action if necessary. Acting promptly can prevent further delays or potential financial loss to the estate and protect your rights as a beneficiary.
Can a beneficiary have an executor removed?
Yes, a beneficiary can apply to the court to have an executor removed if there is evidence they are unfit to act, have seriously mismanaged the estate, or are no longer willing or able to carry out their duties.
The court will not take the removal of an executor lightly and will consider whether their actions are harming the estate or causing unnecessary delays. If successful, the court can appoint a replacement executor or administrator. Legal advice is essential, as the process involves demonstrating clear grounds and ensuring that any application is properly supported.
How long does a beneficiary have to make a claim against an executor?
Time limits vary depending on the nature of the claim. Generally, beneficiaries have up to 12 years to bring a claim for breach of trust against an executor. However, if the claim involves fraud or concealment, different time limits may apply.
For claims under the Inheritance (Provision for Family and Dependants) Act 1975, such as those relating to inadequate provision, the deadline is much shorter, typically six months from the grant of probate. It is therefore important to act quickly and seek legal advice as soon as concerns arise, to ensure your position is protected.
Contact our executor disputes solicitors
If you are concerned and would like to challenge the executor of a will, we can help. Call our executor disputes solicitors on 0800 988 7756 or book an appointment online.
