Understanding Executor Disputes
When a person dies, their estate must be managed fairly and in line with the law. Executors are appointed to carry out this role, but disagreements between joint executors or between executors and beneficiaries can quickly escalate into disputes.
Common causes of executor disputes in the UK include:
- Disputes between executors of a will about how to administer an estate
- Allegations of delay, mismanagement, or conflict of interest
- Failure to obtain a grant of probate or progress administration of an estate
- Disputes over valuing and distributing the deceased’s assets
- Applications to remove an executor where duties are not being fulfilled
Executor disputes can be emotionally charged and place the entire administration process at risk. Our contentious probate team specialises in resolving these issues, helping executors and beneficiaries reach fair outcomes while protecting the integrity of the deceased’s estate.
Where possible, we use alternative dispute resolution methods such as negotiation or mediation to avoid the stress and cost of court. If litigation becomes necessary, we provide robust representation to ensure the interests of the estate are upheld.
Legal Support for Executors and Beneficiaries
Executors have strict legal duties under the Executors Act and intestacy rules, including acting in the best interests of the estate and beneficiaries. If these obligations are not met, beneficiaries may have grounds to challenge.
We assist:
- Executors defending claims: ensuring decisions are documented, accounts are accurate, and that you continue to administer an estate in compliance with your duties.
- Beneficiaries raising concerns: advising on whether an executor has breached obligations, and when it may be appropriate to apply to the court to remove or replace them.
- Joint executors in conflict: providing guidance when disagreements stall the administration process, using mediation or, if necessary, court proceedings to move matters forward.
By seeking early advice, you can minimise legal costs, reduce delays, and ensure the estate is distributed fairly and in accordance with the deceased’s wishes.
Additional Considerations in Executor Disputes
Executor disputes often involve wider estate administration issues, such as inheritance tax liability, intestacy rules, or disagreements with creditors. These matters can complicate the probate process and delay distribution.
Key points to consider:
- Inheritance Tax (IHT): Executors are personally responsible for ensuring the correct IHT is paid. Disagreements may arise over valuations, reliefs, or claims, especially with high-value estates.
- Estate accounts: Beneficiaries are entitled to clear accounts showing how assets and debts were managed. Lack of transparency is a frequent trigger for disputes.
- Executor conflicts with beneficiaries: Executors must act impartially. If decisions appear biased or self-interested, this can be challenged.
- Court powers: The court can order removal of executors, replacement by independent administrators, or impose costs orders where misconduct has been proven.
By recognising these risks early, executors and beneficiaries can work with solicitors to avoid costly mistakes and protect the estate.
Frequently Asked Questions.
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1. What are the most common causes of executor disputes?They often arise from poor communication, disagreements between joint executors, conflict of interest, or allegations that an executor is not properly managing the deceased’s estate.
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2. Can an executor be removed?Yes. Beneficiaries or co-executors can apply to the court to remove an executor if they fail to act in the best interests of the estate, such as refusing to distribute assets or delaying probate without reason.
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3. What happens if executors cannot agree?If joint executors reach deadlock, the administration of an estate can stall. Solicitor-led negotiation or mediation is usually the first step. Where necessary, the court may intervene to break the deadlock.
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4. What are the risks for executors involved in disputes?Executors who breach their duties risk personal liability, removal, and responsibility for legal costs. Acting transparently and seeking legal advice early helps mitigate these risks.
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5. Do beneficiaries always need to go to court?Not always. Many executor disputes can be resolved with legal correspondence, negotiation, or alternative dispute resolution methods. Litigation is a last resort when other options fail.
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6. How long do executor disputes take to resolve?Simple disputes can often be resolved within a few months through mediation or legal negotiation. Complex cases involving court proceedings may take over a year, particularly where assets are located overseas or valuations are contested.
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7. Who pays the legal costs in executor disputes?The court has discretion. Sometimes costs are paid from the estate if the dispute arose through genuine uncertainty. However, where misconduct or unreasonable behaviour is proven, the executor may be ordered to pay personally.
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8. Can inheritance tax disputes form part of executor disagreements?Yes. Executors are responsible for ensuring inheritance tax is correctly calculated and paid. Disputes frequently arise over valuations, tax planning decisions, or reliefs such as Business Property Relief or Agricultural Relief.
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9. What if beneficiaries believe an executor is hiding assets?Beneficiaries can request detailed estate accounts. If executors refuse or provide inaccurate information, court action can compel disclosure and, in serious cases, lead to removal.
THE BEST IN THE BUSINESS.
Our executor disputes solicitors combine legal expertise with sensitivity, ensuring disputes are resolved effectively while protecting family relationships. Whether you need to defend your role as executor or challenge how an estate is being managed, our guidance helps you reach a fair resolution.
Russell Kaminski
Partner and Head of Private Client
Lucy Cresswell
Associate
Alison Rocca
Partner
Jason Stanley
Partner
Holly Greensmith
Solicitor
Matt Fleetwood
Group Chief Executive & Founder
Mark Dawson
Group Managing Director
Amanda McAlister
Head of Group Consumer Brands
Because we are here to help you.
Executor disputes can delay the administration of an estate and cause significant stress.
At Vault Private Client, we work to protect both your interests and those of the estate. If you are facing disagreements over executorship, please contact us today for clear, pragmatic advice.
“Russell is very knowledgeable, he offers alternatives to clients and keeps a calm and professional manner. He is efficient and will keep clients informed of what is happening."
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