Executor Disputes

Disputes involving executors: Your legal options explained.

We have a large team of lawyers who work exclusively in this specialist field. So, for expert guidance on executor disputes contact our free legal helpline on 0333 888 0407 or send an email to us at [email protected]

The role of an executor

An executor is someone appointed by a Will to administer the deceased’s estate after their death. They are legally responsible for managing the assets of the estate of the person who died. This includes money, property and possessions.

The executor’s legal duties commence at the date of death and continue until the date everything has been passed on to the beneficiaries. This is known as the ‘administration period’. It will often be necessary for an executor to apply for a grant of probate before they can deal with certain assets, such as a property.

During the administration period, executors may be required to take some or all of the following steps:

  • paying the deceased’s debts and liabilities
  • selling estate assets
  • paying Income Tax on any income the estate receives
  • paying Capital Gains Tax on any profits the estate makes from selling property or shares
  • dealing with Inheritance Tax

What are the options when executor disputes arise

A Will can appoint up to four executors to act jointly. This provides opportunity for disputes to arise between co-executors. There is also potential for disputes to arise between executors and beneficiaries about issues such as to how the deceased’s estate should be distributed or managed. If an executor dispute does occur then it is important to seek legal advice from solicitors who specialise exclusively in this area of law.

If you are currently involved in a dispute with a fellow executor, or if you are a beneficiary and feel that an executor should be made accountable for the way in which the estate of a loved one is being administered, then our team can advise you on possible solutions. This might involve applying to the court for removal of an executor from office, or their substitution.

Alternatively, if you are an executor and need guidance on your responsibilities or advice on how you can protect yourself from claims brought by beneficiaries or your c0-executors, then we will be able to assist.

We always aim to achieve an out of court resolution of executor disputes where possible so as to minimise the impact of legal costs on the estate and the parties involved. However, should it be necessary for the matter to be taken to court then our experienced lawyers will be able to do so, as they did in this dispute between sibling executors.

Helpful information on dealing with disputes involving executors

You will find on this website a number of helpful articles that have been written on executors disputes and the options available when these disputes occur. Useful articles include:

How to remove or replace an executor,

The cost of removing an executor,

Alternatives to removing an executor,

Can an executor be sued?,

Do trustees have a duty to disclose trust documents? and

Executor’s charges: Can they be disputed?

We specialise in dealing with executor disputes on a national basis and offer a free consultation service. Call our free helpline on 0333 888 0407 for guidance. Alternatively you can email us at [email protected]