The executor of a Will has a responsibility to deal effectively and transparently with the deceased’s estate and their beneficiaries, in a reasonable timeframe. Unfortunately, conflicts sometimes arise over the way an executor is administering an estate. This might be because beneficiaries feel probate is taking too long, that the deceased’s home or other assets have been sold off at below market value or that the executor has not produced proper estate accounts.
Where there are questions about an executor’s conduct, it can lead to serious conflict with the deceased’s loved ones and anyone else named in the Will, which can cost everyone a lot of time, money and stress.
If an executor is found to have breached their duty to perform their role appropriately, they may be required to personally compensate the beneficiaries of the deceased’s estate. It may also be possible to have the executor removed and replaced where necessary.
Whether you are the beneficiary of a Will worried about the conduct of an executor or you are an executor facing a challenge over your conduct, you will benefit from getting expert legal advice as soon as possible. In many cases, an acrimonious and expensive legal battle can be avoided with timely advice and sensible compromise between the parties involved.
How Do I Challenge the Executor of a Will?
The Executor of a Will is the named person who has been given the responsibility of dealing with a deceased’s estate in accordance with the wishes of the deceased as detailed in their Will. The responsibilities of an Executor include gathering the deceased’s assets, settling an outstanding debts, preparing the accounts which should detail all assets and liabilities, and distributing the assets in line with the deceased’s wishes.
It is the Executor’s duty to carry out these tasks however if you believe the Executor performing their role incorrectly, for example distributing assets incorrectly, you may be able to make a claim against them and you may even apply to the Court to have an Executor removed.
How Thornton Jones can help with executor disputes
At Thornton Jones, we have one of the most experienced and highly qualified teams of contentious probate experts in the region, so we know exactly how to deal with even the most complicated executor disputes. We can quickly assess your situation and provide clear advice in plain English on your options.
You might be unclear whether you have grounds for a claim against an executor or you could be an executor facing a claim. You might be keen to sort out your dispute without damaging important family relationships or you may need to have an executor removed swiftly so the estate can be administered effectively.
Whatever your needs, we will listen carefully to your priorities and help you find the best way forward to secure the outcome you need. In most cases, court proceedings can be avoided thanks to our strong skills in negotiation, mediation and other forms of alternative dispute resolution.
Talk to us about your executor dispute today
For expert advice on resolving executor disputes and other contentious probate matters, please speak to our family lawyers in Wakefield, Ossett, Garforth, Sherburn in Elmet or Mapplewell, West Yorkshire today.
Have a quick question or want to request a call back? Use our online enquiry form.
Our expertise with executor disputes
We can help both beneficiaries and executors with all types of executor disputes, including:
Establishing whether you have grounds for a claim against an executor
Our contentious probate team can help you to establish whether you have grounds for a claim, which might include where you believe an executor has:
- Sold property or other assets from the estate at a reduced value
- Failed to pay Inheritance Tax (IHT) and/or debts owed by the deceased
- Unreasonably delayed the progress of probate/paying beneficiaries
- Failing to produce proper estate accounts
- Inappropriately spent funds or used assets from the estate
Applications to a court to remove an executor
Should you need to have an executor removed and replaced, we can help you with making the necessary application to the relevant court. We are also able to act as professional executors where you require someone to take over the administration of an estate following executor misconduct.
Defending a claim against an executor
If you are the executor of an estate and you are facing a financial claim or a court application to have you removed, we can advise you on your legal position and options. Where required, we can represent you during negotiations with the beneficiaries and support you during court proceedings to help you secure a positive outcome.
Mediation for inheritance disputes
Our team are highly skilled in mediation, allowing us to bring the various parties together to work towards an amicable settlement of any dispute without the need for court proceedings. This approach is generally much faster and less costly than taking your dispute to court, as well as involving much less conflict.
Why choose Thornton Jones for help challenging an executor of a Will?
With decades of experience and a high level of specialist training in all areas of contentious probate law, we can offer the skilled, sensitive approach needed to resolve executor disputes in the right way for you and your loved ones.
Private Client Partner Elizabeth Fyfe is a member of the Society of Trust and Estate Practitioners (STEP) and a fully qualified Trusts and Estates Practitioner having attained a Distinction in the STEP Diploma in Trusts and Estates Administration.
We have strong skills in non-confrontational dispute resolution, meaning we can often find a way to resolve your dispute without the need for court proceedings, saving you time, legal fees and unnecessary conflict which can harm important family relationships.
Our team are also highly experienced in dealing with executor disputes in the courts, so should court proceedings be necessary, we will work with you to make sure your case is as strong as possible and that you have the very best representation, giving you the best chance of securing the outcome you need.
We are accredited by the Law Society for Wills & Inheritance Quality reflecting the strength of our practice in this complex area of law.
Yes, it is possible to challenge the actions or decisions of an executor, but only under certain circumstances. Executors have a legal duty to act in the best interests of the estate and the beneficiaries, in accordance with the terms of the will. If you believe that the executor is not fulfilling their responsibilities properly or is acting in bad faith, you may have grounds to challenge them. Common reasons for challenging an executor include:
Failure to act: If the executor is not administering the estate in a timely manner or is procrastinating in fulfilling their duties.
Conflict of interest: If the executor has a personal interest in the estate that may conflict with their duty to act impartially.
Mismanagement of the estate: If the executor is mishandling the assets, failing to pay debts, or distributing funds inappropriately.
Breach of duty or misconduct: If the executor is not following the terms of the will or is misappropriating estate funds.
If you believe the executor is failing in their duties, it’s important to seek legal advice as soon as possible to understand your rights and options.
If you believe the executor of a will is acting improperly or breaching their duties, there are several actions you can take under UK law:
Request an account: You can ask the executor for an account of the estate’s administration, including how the assets are being managed and distributed. If the executor refuses or does not provide satisfactory explanations, this could be a sign of mismanagement.
Apply to remove the executor: If the executor is not acting in the best interests of the estate, you may apply to the court to remove them from their role. Common grounds for removal include misconduct, inability to act due to illness, or failure to act in a timely manner. If a court agrees that the executor is not fulfilling their duties, they can be replaced with a new executor.
Claims for breach of duty: If the executor has caused financial loss or harmed the estate by failing to follow the terms of the will, you may be able to bring a claim for damages against them. Executors have a fiduciary duty to act honestly and in the best interests of the estate; breaching this duty can result in legal consequences.
Take legal action: In extreme cases, if the executor’s actions amount to fraud, theft, or other serious misconduct, legal action can be taken, including criminal prosecution or civil claims for recovery of lost assets.
In any case, it is advisable to consult a solicitor before taking action, as they can guide you through the process and ensure that your case is handled properly.
Challenging an executor is a legal process that can be complex, and it’s important to approach it carefully. Here are the typical steps to follow if you want to challenge an executor:
Step 1: Review the Executor’s Actions
Before challenging an executor, gather evidence of their alleged misconduct or failure to fulfil their duties. For example, if the executor is delaying the administration of the estate or mishandling assets, document these issues. If you suspect mismanagement, having a clear record of the estate’s affairs is crucial.
Step 2: Discuss the Matter with the Executor
In some cases, a simple conversation with the executor may resolve the issue. If they are unaware of the problem or there’s been a misunderstanding, it may be possible to reach a solution without going to court.
Step 3: Contact Other Beneficiaries
If there are other beneficiaries, you may want to discuss the matter with them. It’s possible that they share your concerns and will support your challenge, which could strengthen your case.
Step 4: Seek Legal Advice
If informal discussions do not resolve the issue, it’s time to seek legal advice. A solicitor specialising in contentious probate can assess the situation and advise on the best course of action, whether that involves asking the executor to step down or taking legal action.
Step 5: Apply to the Court
If you wish to remove the executor or challenge their actions, you may need to apply to the court. You will need to provide evidence of the executor’s misconduct or failure to act in the best interests of the estate. The court will then review the situation and decide whether to replace the executor or take further action.
Step 6: Take Further Legal Action if Necessary
In some cases, challenging an executor may lead to further legal proceedings, such as claims for damages or an investigation into misconduct. A solicitor can assist in taking these steps if necessary.
Challenging an executor is not something to be taken lightly, as it can be emotionally and financially taxing. However, if the executor is failing to meet their legal obligations, challenging them can be necessary to ensure the estate is administered fairly and in accordance with the deceased’s wishes.
Contact Our Executor Disputes Lawyers in Yorkshire
To arrange an initial consultation about challenging the executor of a Will or any other contentious probate matters, please contact our local offices in Wakefield, Ossett, Garforth, Sherburn in Elmet or Mapplewell, West Yorkshire today.
Have a quick question or want to request a call back? Use our online enquiry form.
Contact Us
☎️ Call our Wakefield office on 01924 290 029
☎️ Call our Garforth office on 0113 246 4423
☎️ Call our Sherburn in Elmet office on 01977 350 500
☎️ Call our Mapplewell office on 01226 339 009
☎️ Call our Ossett office on 01924 586 466
