At Ai Law, our specialist contentious probate solicitors advise on all aspects of executor disputes.

Whether you are a beneficiary concerned about how an executor is handling an estate, or an aggrieved executor, we provide clear, strategic advice to resolve matters quickly and cost-effectively. We understand the high stakes involved – both financially and emotionally – and work to protect your position while minimising unnecessary conflict.

Common causes of executor disputes

Executor disputes arise when there are concerns about how an executor (or administrator, in intestacy cases where no will is left) is managing an estate. Common issues include:

• Delay in administration – The executor is not progressing the estate efficiently, resulting in prolonged uncertainty and financial loss.
• Mismanagement of assets – Poor investment decisions, failure to collect debts owed to the estate, or neglecting to protect valuable property.
• Failure to provide information – Not keeping beneficiaries updated or refusing to disclose accounts and records.
• Conflict of interest – Acting in a way that benefits the executor personally rather than the estate.
• Breach of duty – Any act or omission that breaches the executor’s fiduciary duty to act in the best interests of the estate and its beneficiaries.
• Disputes between executors – When joint executors cannot agree on key decisions, causing deadlock. 

Remedies for executor disputes

Beneficiaries, co-executors, or other interested parties may take a range of steps depending on the nature and severity of the problem:

• Informal resolution – Sometimes disputes can be resolved by requesting information, holding a meeting, or instructing solicitors to correspond with the executor.
• Mediation or alternative dispute resolution (ADR) – We frequently resolve disputes through mediation, reducing cost and stress compared to court proceedings.
• Court applications – Where informal methods fail, the court has wide powers to intervene. Common applications include:
  • Order for an account – Compelling the executor to provide a full estate account.
  • Directions from the court – Clarifying a disputed decision or point of law.
  • Removal and replacement of an executor – Most commonly under section 50 of the Administration of Justice Act 1985. 

Section 50 applications – removing or replacing an executor

Under section 50 of the Administration of Justice Act 1985, the High Court can remove or replace a personal representative (executor or administrator) if it is in the best interests of the beneficiaries and the proper administration of the estate.

Grounds for removal can include:

• Persistent failure to progress the estate.
• Serious breach of fiduciary duty.
• Hostility or conflict between the executor and beneficiaries that makes administration impracticable.
• Incapacity or unwillingness to act. 

The court will not remove an executor lightly, it must be satisfied that removal is necessary for the proper administration of the estate, not simply because relations have broken down.

A section 50 application can be made by:

• A beneficiary of the estate.
• A co-executor or co-administrator.
• Another party with a sufficient interest in the estate. 

If successful, the court may appoint a replacement executor, often a professional, to ensure the estate is administered efficiently and fairly.

Executor disputes and costs

The court has discretion over costs in executor disputes. While executors are generally entitled to recover their legal costs from the estate, they may be personally liable if they are found to have acted unreasonably or in breach of duty. This risk applies equally to beneficiaries bringing claims without merit.

Time limits

There is no fixed limitation period for bringing an executor dispute, but undue delay can affect the outcome and may increase the risk of the estate being depleted. If mismanagement or wrongdoing is suspected, it is important to seek advice promptly.

Our approach

We work proactively to resolve executor disputes before they escalate into costly litigation. Where court proceedings are necessary, we prepare a robust case to protect your position and achieve the most favourable outcome possible.

For confidential advice on removing an executor, challenging their conduct, or defending a claim, contact our specialist contentious probate solicitors below.