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.
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.
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.
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.
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.
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.
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 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).
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.
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.
Preventive measures include clear communication with family members, choosing a neutral or professional executor, and including detailed instructions in the Will to minimise ambiguity.
Disputes can often be resolved through negotiation or mediation, where a neutral third party helps the involved parties reach a mutually acceptable agreement.
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.
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.
Our team are experienced in handling a broad range of disputes, that include but aren’t limited to:
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.
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.
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.
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.
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.
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 is a wide-ranging term and includes any dispute involving a deceased’s estate.
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Culver Law, London
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