What Is an Executor, and What Roles Do They Perform?

An executor is a “personal representative” named in a Will who is legally responsible for handling the deceased's estate. Typically, at least two executors are chosen. If the deceased died intestate (i.e. without a valid Will), individuals tasked with managing the estate are referred to as “administrators”, and are appointed by the court.

Following their appointment, an executor has several responsibilities in managing the deceased’s estate. These include:
  • Ensuring that the deceased’s property is made secure as soon as possible following their death.
  • Collecting all of the deceased’s assets and any money that was due to them before their death.
  • Settling any outstanding taxes or debts owed by the deceased’s estate.
  • Distributing the deceased’s estate to the people named as beneficiaries in their Will, or if there is no Will, to those entitled as per the intestacy rules.

What Can Cause Executor Disputes?

Executor disputes arise when there is conflict regarding the individual(s) appointed to execute the deceased's Will, all of which can delay the “Grant of Probate” being issued. Three in four people in the UK are likely to experience a Will, inheritance, or probate dispute in their lifetime.

These disputes can involve beneficiaries, co-executors, or other interested parties, and common causes include:
Mismanagement of Estate Assets
Disputes may arise when an executor mishandles assets, by failing to invest funds or distribute estate assets properly, undervaluing or selling assets below market value, or not maintaining properties as required.
Conflict of Interest
Disputes can occur if an executor has a personal interest that conflicts with their legal duties, such as having a financial stake in an asset of the estate, or being a beneficiary who might favour their own share over others’.
Disagreement Among Joint Executors
Joint executors must work collaboratively, and failure to do so can result in conflicts that delay the estate administration process.
Incompetence
If an executor lacks financial or legal acumen, makes poor decisions, or fails to follow legal procedures, beneficiaries may dispute their competency to manage the estate.
Bias or Favouritism
Disputes may arise if beneficiaries perceive that an executor is favouring certain heirs, whether through the uneven distribution of assets, preferential treatment, or more attention to some beneficiaries over others.
Challenging the Validity of the Will
Disputes can arise if beneficiaries or other interested parties believe the Will is invalid due to reasons like undue influence, lack of testamentary capacity, or fraud.
Failure to Act
When executors delay important actions like paying debts, distributing assets, or filing the necessary paperwork, it can lead to disputes among beneficiaries eager to settle the estate.
Lack of Communication
Poor communication from executors, secrecy, or failure to provide regular updates can cause mistrust and disputes, as beneficiaries may fear mismanagement, misconduct, or other negligent behaviour.

On What Grounds Can an Executor Be Removed?

An executor can be removed on several grounds, primarily centred around their failure to fulfil their fiduciary duties to the estate and its beneficiaries:
  • Breach of fiduciary duty
  • Mismanagement of estate assets
  • Conflict of interest
  • Incapacity (mentally or physically)
  • Incompetence
  • Fraud or misconduct
  • Failure to act
  • Bias or favouritism

An executor can be removed through a legal process initiated by beneficiaries or other interested parties. Our solicitors can assist in targeting potential breaches of executor duties and file a petition to the court, which will then review the evidence and may choose to hold a hearing where relevant parties can present their case.

If the court finds sufficient justification, it will issue an order to remove the executor and may appoint a successor to ensure the estate is managed and distributed according to the Will and legal requirements.

How Can Culver Law Help You?

There are several ways that our solicitors can support you during an executor dispute:

  • Meeting with the parties involved to understand the specifics of the dispute, including the roles of the executor, beneficiaries, and the nature of the conflict.

  • Reviewing relevant documents, examining the Will, probate documents, and any relevant financial records to identify any potential mismanagement or breaches of duty.

  • Conducting “round table meetings”, known as Alternative Dispute Resolution (ADR), to discuss concerns, negotiations, and mediation.

  • Assisting with your court application, if ADR is not appropriate or it is unsuccessful. The court has wide powers and can assist with remedying issues concerning the estate administration.

Why Choose Culver Law?

  • Legal Expertise - Our solicitors specialise in estate law and have extensive experience dealing with executor disputes, alongside other key legal processes.

  • Compassionate Approach - We provide empathetic support throughout the process, offering a compassionate ear and guiding you with sensitivity and understanding.

  • Tailored Towards Your Needs - Our personalised approach means that we tailor our legal strategies to achieve the best possible outcome for you and your family.

  • Transparency Throughout - You can trust us to keep you informed at every step of the process, explaining complex legal concepts in clear and accessible language.

Meet Our Executor Dispute Team

Michael Culver

Michael is a Court of Protection panel deputy for property and affairs. Based in our London office, he is responsible for managing the money and assets of people unable to manage such matters for themselves. Michael has also acted as a health and welfare deputy for a number of clients, making decisions for such clients over matters where they are unable to make decisions for themselves.

Michael is a Chartered Tax Adviser (CTA) with the Chartered Institute of Taxation, a full member of the STEP, a dementia friends champion with the Alzheimer's Society and a member of the Association of Contentious Trusts and Probate Specialists (ACTAPS).


Bridget Shinnick

Bridget is a Solicitor (Australian Qualified) at Culver Law, having joined the firm in April 2024. She obtained a Bachelor of Law and Legal Practice Degree in Australia in 2018, and then commenced her career as a solicitor in a top-tier Australian law firm. She specialises in Private Client work and Contentious-Probate matters, including Inheritance Act claims, challenges to the validity of Wills, and Executor and Beneficiary disputes.

Bridget understands that she works in a sensitive area of law, and therefore always undertakes her work with compassion and empathy.

Prior to joining Culver Law, Bridget was listed as a 2024 Rising Star in Wills and Estates Law in Doyles Guide (Australia’s equivalent of the Legal 500).

If You’re Experiencing an Executor Dispute, Don’t Struggle Alone

Our London and Cambridge-based team have experience representing those who are experiencing executor disputes and other legal matters. Please contact us to discuss how we can support you during this process.

FAQs


Can multiple executors be appointed, and what happens if they disagree?

Yes, multiple executors can be appointed. If they disagree, it can lead to disputes that may need to be resolved through mediation or court intervention.

How can executor disputes be prevented during estate planning?

Preventive measures include clear communication with family members, choosing a neutral or professional executor, and including detailed instructions in the Will to minimise ambiguity.

How can executor disputes be resolved without going to court?

Disputes can often be resolved through negotiation or mediation, where a neutral third party helps the involved parties reach a mutually acceptable agreement.

How long does an executor have to settle an estate?

The “Executor’s Year” is a common law rule stating that executors usually have 12 months from the date of death to call in all of the deceased’s assets, settle the debts and liabilities, and distribute the net estate to the beneficiaries.

How long can executor disputes delay the probate process?

Executor disputes can significantly delay the probate process, potentially adding months or even years to the time it takes to settle the estate, depending on the complexity of the issues and the resolution method used.

Related Articles

Wills, Probate and Inheritance Disputes

Our team are experienced in handling a broad range of disputes, that include but aren’t limited to:

  • Beneficiary Disputes

    Beneficiary Disputes

    A beneficiary is an individual designated to receive assets, property, or benefits from a Will, trust, insurance policy, or other financial arrangement upon the death of an individual.

  • Executor Disputes

    Executor Disputes

    Executorship and beneficiary roles can lead to conflicts. We provide legal advice and representation to resolve disputes related to the administration of estates, ensuring a smooth process.

  • Inheritance Act Claims

    Inheritance Act Claims

    When you feel unfairly excluded from an inheritance, our team of solicitors can help you explore your options under the Inheritance (Provision for Family and Dependants) Act 1975. We strive to achieve a fair resolution for all parties involved.

  • Testamentary Capacity Disputes

    Testamentary Capacity Disputes

    When questions arise about an individual’s mental capacity at the time of making a Will, our solicitors can provide you with expert advice to help you understand your options, and should further action be required, we can assist you by providing legal representation.

  • Trust Disputes

    Trust Disputes

    When trust disputes arise, you don't have to face them alone. The experienced solicitors in our London and Cambridge offices are here to support you through this process to find the best resolution.

  • Contested Court of Protection

    Contested Court of Protection

    The Court of Protection (COP) deals with the affairs of people who lack the capacity to make decisions for themselves. This person is often referred to as the patient whereby the lack capacity or the donor when they still possess capacity to make decisions for themselves.

  • Contentious Probate FAQs

    Contentious Probate FAQs

    Contentious Probate is a wide-ranging term and includes any dispute involving a deceased’s estate.

    T: 0207 846 5029
    E: This email address is being protected from spambots. You need JavaScript enabled to view it.

    Authorised and Regulated by the Solicitors Regulation Authority. SRA Number: 820401.

    Registered Office
    Hamilton House, 1 Temple Avenue, London
    EC4Y 0HA
    Company No. 13313009

    Culver Law, London
    Hamilton House
    1 Temple Avenue
    London
    EC4Y 0HA
    0207 846 5029


    Culver Law, Cambridge
    9 Hills Road
    Cambridge
    CB2 1GE
    01223 653010


    Any information on this website, whilst intended to be accurate, does not constitute legal advice.
    This website uses cookies to ensure you get the best experience on our website. Read our Privacy Policy to find out more.