Naming someone as an executor in a Will is an onerous duty, making them responsible for ensuring that the deceased’s estate is administered property following their death. The role can be time-consuming and complex, with obligations to always act in the best interests of the estate. Where a beneficiary is unhappy with how the estate is being handled, there are several legal avenues to challenge the executor. Here’s what you need to know:

Executors have duties

The key role of the executor is to ensure that the estate of the deceased is properly administered after their death. This includes valuing the estate, reporting this to HMRC, applying for the grant of probate, paying any outstanding debts, and distributing the estate among the beneficiaries. The duties of executors are laid out in Section 25 of the Administration of Estates Act 1925.

The role of an executor is complex, and they may be personally liable for any financial shortfalls where they mismanage funds or fail to fill in the necessary paperwork for HMRC. Where they do not act in the best interests of the estate, for instance selling property under market value, they will be in breach of their duties. While executors can perform these duties singlehandedly, it is highly recommended that they seek the assistance of specialist Private Client solicitors. Appointing an independent professional can certainly make the process smoother and more stress-free.

Executors can renounce duties

Unfortunately, things aren’t always as smooth sailing as one would theoretically hope. It is often the case that executors don’t want to carry out their duties following a death, in which case they can ‘renounce their position’. It is important to note that this can only occur where they haven’t started to deal with the estate yet. Accordingly, executors cannot step down from their duties where they have started the administration. Therefore, it is sensible to name more than one executor in case one is unwilling (or unable) to act.

An executor can be challenged

Problems may arise where an executor fails to act appropriately. In such an instance, generally a beneficiary should write to warn the executor that they are unhappy and why – and they should ask for an explanation from the executor. If a beneficiary still believes that the executor is failing to perform their duties, they can request an ‘inventory and account’ by way of an application to a Probate Registry (under Rule 61 of the Non-Contentious Probate Rules) of what the executor has done so far. This is often a quick and relatively cheap way to resolve a dispute.

In instances where the beneficiaries remain unhappy with how the estate is being handled, and as a last resort, they can take it up with the court to seek to remove the executor. Where the court finds that an executor is seriously failing in performing their duties, they have the power to remove the executor from his/her role. Before resorting to court proceedings, it is recommended that, if possible, executor and beneficiary disputes are mediated in order to reach a satisfactory conclusion and to keep costs down.

Please contact our Litigation team who have a wealth of experience in resolving executor and beneficiary disputes if you are a beneficiary who is struggling to deal with an executor.

Maaria Sharif – Paralegal