Our top rated contentious probate team looks at how to deal with a difficult executor.
Dealing with a difficult executor of a will can be challenging, but there are steps that can be taken to help resolve issues effectively:
1. Understand the Executor’s Duties
Executors are legally required to act in the best interests of the estate and beneficiaries. This includes administering the estate promptly, transparently, and fairly. If you suspect misconduct or negligence, verify whether the executor is meeting these responsibilities.
2. Open Communication
Start by addressing your concerns directly with the executor. Misunderstandings or poor communication are often at the root of disputes. Politely ask for updates or clarification on delays or decisions.
3. Request an Account or Issuing a Citation
Beneficiaries have the right to request a detailed account of estate activities, including assets, liabilities, and expenses. A formal request can often prompt an executor to act more responsibly. A citation can also be issued to overcome delay.
4. Mediation
Mediation can be used effectively to deal with a difficult executor. It is an informal, non-binding process which involves a neutral third party mediator who is trained to help resolve disputes and prevent them escalating to court. It’s quicker and less costly than litigation.
5. Court Intervention
If an executor continues to act improperly, an application can be made to the court to:
• Remove or replace the executor if they are failing in their duties or acting against the estate’s interests.
• Seek compensation for losses caused by the executor’s misconduct.
To remove an executor, you must be able to demonstrate to the court that serious issues have arisen, such as:
• Mismanagement of assets.
• Undue delays in distributing the estate.
• Conflicts of interest or fraudulent behaviour.
How we can help
If you need expert guidance on dealing with a difficult executor then our team of expert solicitors is here to help. We have an excellent track record of resolving disputes and can assist beneficiaries and co-executors with:
- Corresponding with the difficult executor
- Seeking an account
- Issuing a citation
- Arranging mediation
- Making an application to the court
We offer a range of funding options, including deferred fees and No Win, No Fee.
