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Executor disputes arise when beneficiaries, creditors, or co-executors disagree with how an estate is being administered following a person’s death. These conflicts can involve delays in the process, for example where there are disagreements about asset valuations, disputes over executor remuneration, or concern about alleged breach of fiduciary duty. Dispute Resolution Solicitors provide expert legal guidance for resolving executor disputes.
Executor disputes often develop when family dynamics impact on legal responsibilities to create conflict that can delay estate distribution and increase administration costs. Understanding executor duties, the rights of beneficiaries to challenge executor conduct and available resolution mechanisms is essential in preventing disputes from escalating into costly litigation that can deplete the value in an estate.
Executor disputes frequently involve challenge to the pace of estate administration, particularly when beneficiaries believe executors are unnecessarily delaying the distribution of assets. Executors have a duty to administer estates with reasonable expedition and certainly within what is referred to as the ‘Executor’s Year’, but they must however satisfactorily complete necessary tasks including asset gathering, debt payment, and tax compliance. Disputes arise when beneficiaries perceive delay as unreasonable or where they suspect executors are deliberately procrastinating.
Asset valuation represents a typical category of executor disputes, often when an estate includes business interests, property, or particularly valuable personal possessions. Executors must obtain proper valuations for inheritance tax purposes and to facilitate fair distribution among beneficiaries. Disputes may arise when beneficiaries question valuation methodology or suspect that assets are being undervalued to benefit particular parties.
Conflicts over executor remuneration can often generate dispute, particularly in complex estates that require a substantial amount of time and expertise to administer. Professional executors are entitled to reasonable remuneration, whilst lay executors typically receive reimbursement for expenses but no other payment, for example for their time, not unless a will specifically provides otherwise. Executor dispute about fees often involves questions about reasonableness and proportionality in the context of the work undertaken.
Executor disputes often stem from misunderstandings about the scope and nature of an executor’s duties and the standard of care required in estate administration. Executors owe fiduciary duties to beneficiaries, requiring them to act with the utmost level of good faith, avoid conflicts of interest, and prioritise beneficiary interests over personal considerations. Breach of these duties can result in personal liability for losses caused to the estate.
The duty to preserve and maximise estate value requires executors to manage assets prudently within the administration. This includes maintaining property, collecting debts, pursuing certain meritorious claims, and avoiding unnecessary risk that could diminish the value of an estate. Executor disputes can arise when beneficiaries believe assets have been inadequately protected or imprudently, or even negligently managed.
Transparency requires executors to provide beneficiaries with certain reasonable information about estate administration, including asset details, administration progress, and information about proposed distribution. Failure to provide adequate information can lead to executor dispute even when the underlying administration is proceeding on the right path. The duty to keep proper accounts includes maintaining records that permit beneficiaries to understand how an estate has been administered.
Executor disputes involving breach of duty claims require evidence that executors have failed to meet the required standard in terms of estate administration. Common grounds include conflicts of interest where executors benefit personally from estate transactions, the failure to obtain proper valuation reports for estate assets, or the unauthorised delegation of executor responsibilities to third parties without maintaining proper oversight.
Negligent administration can give rise to grounds for executor disputes when loss results from an executor’s failure to exercise reasonable care and skill. This can involve the failure to pursue estate claims, allowing assets to deteriorate and lose value, or making distributions before properly establishing estate creditor claims. The standard required varies, for example subject to whether executors are professionals or possibly family members acting in a lay capacity.
Dispute can also arise when unauthorised individuals take control of estate assets. This commonly occurs when family members assume responsibility for estate administration without obtaining probate, potentially exposing themselves to personal liability for estate debts and claims from beneficiaries or creditors.
A court application for executor removal typically represents the most serious type of dispute, usually pursued when other resolution methods have failed and continued appointment is detrimental to estate administration. Grounds for removal include conflicts of interest, loss of capacity, conviction for certain crimes, or persistent failure to fulfil executor duties (sometimes in spite of court directions).
The court’s approach to executor removal balances the testator’s choice of executor against the interests of beneficiaries and proper estate administration. Removal is not automatic even where misconduct is established, and courts must consider whether less drastic remedies might adequately protect estate interests. Alternative remedies include requiring security for proper performance or court supervision of administration.
Depending on the circumstances and complexity of remaining administration tasks, replacement executor appointments may involve surviving co-executors, court-appointed administrators, or professional executors. Executor disputes over replacement often involve disagreements about who is best placed in the role and what remuneration arrangements should apply.
Multiple executor appointments can generate disputes between co-executors over administration decisions, asset valuations, or distribution timing. The law requires co-executors to act unanimously in most matters, meaning persistent disagreement can paralyse estate administration. Professional legal advice helps resolve deadlock whilst protecting parties’ interests in and the right to proper estate administration.
Authority disputes between co-executors often involve questions about whether individual executors can act independently in specific circumstances. Whilst certain routine administrative tasks may be undertaken by individual co-executors, significant decisions typically require consensus. Executor disputes in this context may require court directions to clarify authority boundaries and resolve specific disagreements.
Exclusion of co-executors from administration can generate disputes when some executors are prevented from participating in estate management. All appointed executors have rights and duties in relation to estate administration, and attempted exclusion may constitute breach of fiduciary duty by the excluding executors. Court intervention may be necessary from time to time in order to restore executor relationships.
Early intervention provides the best prospects for resolving executor disputes before a position becomes entrenched and relationships deteriorate further. Initial approaches often involve direct communication between parties to clarify expectations, provide information about administration progress, and explore mutually acceptable solutions to underlying concerns.
Mediation offers an effective forum for resolving executor disputes whilst preserving family relationships where possible. A neutral mediator helps parties understand different perspectives and explore creative solutions that address underlying concerns without formal legal proceedings. Mediation proves particularly valuable in family estates where ongoing relationships require preservation.
Court applications provide ultimate resolution mechanisms when other approaches fail to resolve executor disputes. Depending on the specific issues, applications might seek directions on administration questions, orders for accounts and inquiries, removal of executors, or compensation for estate losses. Professional legal representation helps navigate complex court procedures whilst protecting client interests.
At Fosters, our specialist team is here to help you bring or defend a claim against an estate or a co-executor. Whether you are a personal representative or a beneficiary, or perhaps someone eligible who has been overlooked entirely by the deceased person – we are here to offer expert advice about your situation and to find a solution that works for you.
Contact us for more information.
Consider an estate where the appointed executor, a family member, has failed to complete the administration within 18 months of obtaining a grant of probate despite having liquid assets readily available for distribution. The beneficiaries are concerned about investment losses on cash holdings and suspect an executor is deliberately delaying distribution to retain control over estate funds.
A beneficiary might typically request information about the administration progress and distribution timescales. The executor should provide certain information in this respect and offer any relevant completion dates (e.g. in relation to the sale of a property). Beneficiaries might become concerned about potential mismanagement and even an executor’s fitness to continue in their role.
Resolution approaches might include mediation to establish clear administration timelines, court applications for accounts and directions, or ultimately removal proceedings if misconduct is established. The key objectives involve protecting estate assets, completing administration efficiently, and maintaining family relationships where possible whilst fulfilling legal obligations to all beneficiaries.
Executor disputes are conflicts that arise during estate administration involving challenges to executor conduct, delays in distribution, disagreements about asset management, or concerns about breaches of fiduciary duty. These disputes require legal intervention to protect beneficiary interests and complete proper estate administration.
Yes, beneficiaries can challenge executor decisions where they believe executors have breached their duties or failed to act in the estate’s best interests. Executor disputes may involve court applications for directions, accounts, removal, or compensation depending on the specific issues and misconduct alleged.
Estate administration typically takes 6-18 months for more straightforward estates, though more administrations may take longer. Executor disputes often arise when beneficiaries perceive unreasonable delays, though executors must balance speed with thorough completion of their legal obligations.
If an appointed executor refuses to act, co-executors may proceed with administration, or beneficiaries can apply to court for alternative arrangements. Executor disputes about refusal to act may require court orders compelling performance or appointing replacement administrators to complete estate distribution.
A judge can remove an executor where there are grounds such as misconduct, conflicts of interest, incapacity, or persistent failure to fulfil duties. Executor disputes involving removal are typically based on very grave accusations that require substantial evidence of unfitness to continue in the role. Ultimately a court is looking to ensure the expedient and proper administration of an estate in dispute.
This article was produced on the 22nd December 2025 for information purposes only and should not be construed or relied upon as specific legal advice.
