Last Updated on 20th February 2025
When can I sue an executor?
In this article we take a look at a question that is frequently raised with our inheritance dispute team, “Can I sue an executor?”
Who can be an executor?
Executors are named in a person’s Will. They are responsible for handling the estate of that person when they pass away, and carrying out their instructions in accordance with the terms of their Will. Executors are usually legal professionals, or family or friends of the deceased.
What is the role of an executor?
The role of executor involves mostly legal, taxation, and administrative work. Common duties include:
- Registering the death and obtaining a death certificate
- Getting copies of the Will
- Arranging the funeral
- Taking responsibility for property
- Valuing the estate, sorting out finances, and dealing with assets
- Paying any Inheritance Tax due
- Applying for probate
- Distributing the estate
Can I sue an executor?
Executors can be sued and held personally liable for any financial consequences of their wrongdoing.
It is common for executors to underestimate the amount of time the role takes and how complex it can be. This can lead to mistakes being made, or an executor failing to progress the administration of an estate because they feel overwhelmed, or out of their depth.
Sometimes executors can allow their personal feelings to influence how they act, with the result that they breach their legal duties and obligations. In other cases executors intentionally act inappropriately and need to be held to account when third parties suffer loss as a result.
The circumstances where beneficiaries or other concerned parties might feel the need to take legal action against an executor include:
- Financial mismanagement of the estate – for instance, an executor not paying debts, showing favouritism in distribution, or mishandling assets;
- Failure to follow the terms of a Will;
- Negligence – not keeping proper records, failing to communicate with beneficiaries, or making decisions that could harm the estate;
- Refusal to cooperate with their co-executors;
- Delay — failing to deal with the administration of the estate; and
- Conflicts of interest – where an executor allows their personal interests to conflict with their duties to the estate or to the beneficiaries.
Contact our specialist lawyers for a free consultation
Before commencing legal proceedings against an executor to recover your financial losses, or to have an executor removed from office, it is advisable to speak to a solicitor who specialises in contentious probate law and is experienced in dealing with executor disputes.
Our specialist team have track record of success with claims against executors, and can often work on a No Win, No Fee basis.
To find out where you stand, or for further guidance on the question, “Can I sue an executor?” contact our helpline for a free consultation with one of our Legal 500 recommended team.