Please note that this News item is not maintained, and reflects the law as at the date of publication or update.
An executor is the person named in a will to manage the deceased’s estate. They are responsible for registering the death, arranging the funeral, gathering in the assets of the estate, paying any debts and accounting for any tax payable, obtaining a grant of probate and for carrying out the deceased’s wishes by distributing the estate to those who are entitled to it. Executors have a legal obligation to act in the best interests of the estate and the beneficiaries. So, what can you do if you believe they are failing in that duty?
As a beneficiary of the will you might have a number of grounds for concern. The most common complaints are:
- Failing to distribute the estate within a reasonable time;
- Selling estate assets at less than the market value;
- Using estate assets for their own personal benefit;
- Failing to act in accordance with the will; and
- Failing to keep the beneficiaries updated.
What rights do beneficiaries have?
As a beneficiary you should normally be informed that you have been mentioned in the will, although you are not automatically entitled to see the will until probate has been granted. You are entitled to expect the estate to be administered efficiently and promptly, and to receive the inheritance left to you in accordance with the will. You are also entitled to request copies of the estate accounts which show all the assets and debts of the estate. There is no specific deadline for executors to provide this information, and at any time a beneficiary (or co-executor) can apply to the Probate Registry for an ‘inventory and account’. Every estate is different and executors must be afforded a reasonable time to gather in the estate information. Draft estate accounts should certainly be provided on completion of the estate administration and in practice residuary beneficiaries might expect draft accounts within six months from the date of the Grant of Probate.
If the executor delays dealing with the estate, refuses your requests for information or is uncooperative in any way, then there are actions that can be taken including, if appropriate, applying to the court for them to provide information or ultimately for their removal.
Can an executor be removed?
A recent case in the High Court demonstrates the serious consequences for an executor who fails to carry out their duties. In this case the executors – cousins of the deceased – did not inform the beneficiaries of the gifts left to them in the will (they were informed 18 months after the death, only by another beneficiary) and then took more than four years to apply for a grant of probate. When asked by the beneficiaries to step down and allow someone else to administer the estate they refused, and so the beneficiaries brought an application to court for their removal.
By the point of the court determination it was 8 years from the death and the estate had still not been administered. The executors had finally agreed to stand down and allow an independent person (known as an ‘administrator’) to take over management of the estate, and part of the judgment was therefore dealt with by agreement.
Despite this, because of their conduct, both before and during the court proceedings, the removed executors were ordered to pay the costs of the beneficiaries on an “indemnity” basis, meaning that they had to pay costs at a higher level as a way of punishing their unreasonable conduct, and they were also ordered to pay these costs personally.
This is unusual as the general law provides that ‘expenses properly incurred’, which would generally include legal costs, are to be paid from the estate. This is a clear example of where executors must act diligently, otherwise there could be severe personal consequences even if they do eventually agree to stand down from their role.
For the full case see:
Dorothy House & Anor v Anne Elizabeth Helme & Anor [2026] EWHC 75 (Ch)
What should you do if an executor is delaying the administration of the estate?
The first step is generally to approach the executors for information and assurances that the estate is being administered properly but, in some instances, it will be necessary to refer the matter to court.
If you believe an executor is delaying estate administration, it is important to seek legal advice as early as possible. Legal remedies may include requiring the executor to provide information, requesting estate accounts, or applying to the court for their removal
Our contentious probate team can advise on disputes involving delayed estate administration, executor misconduct, probate disputes, executor disputes, inheritance claims and will disputes. For more information, click here.
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