Executor and Beneficiary disputes  

Disputes during the administration of an estate can be distressing—especially when beneficiaries feel they are being left in the dark or when executors are not fulfilling their duties as required by law. This section covers two common issues: when beneficiaries seek greater transparency from executors, and when serious concerns arise that may justify removing or replacing an executor. Whether you’re a beneficiary needing information or an executor facing challenges, understanding your rights and obligations is key to resolving matters fairly and efficiently.

Residuary beneficiaries are entitled to receive a copy of the estate accounts.  Sometimes these are not provided, or the estate accounts that have been disclosed but they are incomplete or require clarification. 

Keeping open lines of communication is key to prevent matters escalating.  A good starting point is to provide the residuary beneficiaries with a full breakdown of the assets and liabilities in the estate and address any queries directly.    

If matters cannot be resolved amicably, then an application can be made for an inventory and account, which will order the executors to provide the necessary information. 

Disagreements can occur between co executors or between executors and beneficiaries.  These disagreements often cause the estate administration process to grind to a halt.  It is therefore important to try to resolve these issues as quickly and effectively as possible. 

Executors have a duty to always act in the best interests of the estate.  Whilst acting in this capacity their actions must be neutral, and they are expected to complete the estate administration process and distribute the assets to the beneficiaries within a reasonable timeframe. If the personal representatives are not acting appropriately, then the beneficiaries may choose to take legal action.  Some common complaints made by beneficiaries are:

If more than one executor has been appointed in a Will, conflicts can arise between them as to how the estate administration should be dealt with. 

Whether a Grant of Probate has been obtained or not, steps can be taken to remove or substitute executors, but this should be a last resort.  The parties should, in the first instance, explore other appropriate alternatives and try to reach a resolution between themselves without the need for removal.  However, if an agreement cannot be reached, then Court action will be necessary.    

If you are a professional executor, lay executor, beneficiary or both and you do have concerns, or a claim has been made against you, then please contact our Wills, Trust and Estate Dispute Team.      

If you’re a beneficiary struggling to get the information you’re entitled to, or an executor facing a dispute, our experienced team can help. Get in touch with Sam or Kate from our Wills, Trust and Estate Dispute team using the enquiry form below. We’re here to provide clear guidance and practical solutions tailored to your situation.