Executor disputes are a common yet often overlooked challenge in the administration of estates. When more than one executor is appointed to manage a deceased person’s affairs, disagreements can arise over decisions, responsibilities, and the interpretation of the will. These disputes can delay probate, increase costs, and strain family relationships—sometimes irreparably.
At Blackstone Solicitors, we regularly advise clients on resolving executor disputes with clarity, professionalism, and sensitivity. This article explores the causes of conflict between executors, the legal framework governing their conduct, and the practical steps available to resolve disputes and protect the estate.
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The Role of Executors
Executors are appointed by a will to administer the estate of a deceased person. Their duties include:
- Applying for a grant of probate
- Collecting and valuing assets
- Paying debts and liabilities
- Distributing the estate to beneficiaries
Executors have a fiduciary duty to act in the best interests of the estate and its beneficiaries. They must act jointly and unanimously unless the will specifies otherwise. This means that decisions must be agreed upon by all executors, which can become problematic if there is disagreement or mistrust.
Why Do Executor Disputes Arise?
Executor disputes can stem from a variety of causes, including:
- Personal Conflict
Many executors are family members, and pre-existing tensions can surface during the administration of the estate. Disagreements over decisions, perceived favouritism, or unresolved family issues can quickly escalate.
- Differing Views on Estate Management
Executors may disagree on how to handle specific assets, such as whether to sell a property, how to value a business, or when to distribute funds. These differences can delay progress and create frustration among beneficiaries.
- Lack of Communication
Poor communication between executors can lead to misunderstandings and mistrust. If one executor acts unilaterally or fails to keep others informed, it may be perceived as a breach of duty.
- Allegations of Misconduct
In some cases, one executor may suspect another of mismanaging the estate, favouring certain beneficiaries, or failing to fulfil their responsibilities. Allegations of dishonesty or negligence can lead to formal legal action.
- Conflict of Interest
Executors must act impartially. If an executor has a personal interest in the estate—such as being a beneficiary or having a financial stake in an asset—this may lead to disputes over fairness and transparency.
Legal Duties of Executors
Executors are bound by strict legal duties, including:
- Acting in good faith and with integrity
- Avoiding conflicts of interest
- Keeping accurate records
- Consulting with co-executors on all decisions
- Administering the estate efficiently and lawfully
Failure to comply with these duties can result in personal liability, removal from office, or legal claims from beneficiaries or other executors.
Resolving Executor Disputes
Executor disputes can be disruptive and costly, but there are several avenues for resolution:
- Open Communication
Many disputes can be resolved through honest and respectful dialogue. Executors should aim to:
- Share information transparently
- Discuss decisions collaboratively
- Document agreements and actions
Where communication has broken down, a solicitor can act as an intermediary to facilitate constructive discussion.
- Mediation
Mediation is a confidential process in which a neutral third party helps executors reach agreement. It is particularly effective in family disputes, where preserving relationships is important.
At Blackstone Solicitors, we often recommend mediation as a first step in resolving executor conflicts. It can lead to practical solutions without the need for litigation.
- Legal Advice and Representation
Where disputes involve complex legal issues or allegations of misconduct, professional legal advice is essential. A solicitor can:
- Clarify the legal duties of each executor
- Advise on the validity of claims
- Represent clients in negotiations or court proceedings
Early legal intervention can prevent escalation and protect the estate from unnecessary delay or expense.
- Court Intervention
In serious cases, the court may be asked to intervene. This can include:
- Directions under section 116 of the Senior Courts Act 1981 (before probate is granted)
- Removal of an executor under section 50 of the Administration of Justice Act 1985
- Applications for disclosure, accounting, or injunctions
The court will consider whether the executor is acting in the best interests of the estate and whether removal or other orders are necessary to ensure proper administration.
Removal of an Executor
If an executor is acting improperly, failing in their duties, or obstructing the administration of the estate, they may be removed by the court. Grounds for removal include:
- Incapacity or unwillingness to act
- Misconduct or dishonesty
- Conflict of interest
- Breakdown in cooperation that prejudices the estate
The court will not remove an executor lightly and will require clear evidence that removal is necessary. The welfare of the beneficiaries and the efficient administration of the estate are the court’s primary concerns.
Preventing Executor Disputes
Many executor disputes can be prevented through careful planning and clear communication. Consider the following steps:
- Thoughtful Appointment
When drafting a will, consider who is best suited to act as executor. Appointing individuals who are trustworthy, competent, and able to work together can reduce the risk of conflict.
- Clear Instructions
A well-drafted will should provide clear guidance on the administration of the estate. Ambiguities or omissions can lead to confusion and disagreement.
- Professional Executors
In complex or high-value estates, appointing a professional executor—such as a solicitor or accountant—can ensure impartiality and expertise.
- Early Legal Advice
Executors should seek legal advice early in the process to understand their duties and avoid common pitfalls. This can prevent misunderstandings and ensure compliance with the law.
How Blackstone Solicitors Can Help
At Blackstone Solicitors, we specialise in resolving executor disputes and guiding clients through the administration of estates. Our services include:
- Advising executors on their legal duties
- Facilitating communication and mediation
- Representing clients in removal applications and court proceedings
- Drafting wills and succession plans to prevent future disputes
We serve clients across England and Wales and are committed to providing clear, practical, and compassionate legal support.
Conclusion
Disputes between executors can derail the administration of an estate, cause emotional distress, and lead to costly litigation. Whether caused by personal conflict, differing views, or allegations of misconduct, these disputes require careful handling and expert legal advice.
At Blackstone Solicitors, we understand the complexities of executor relationships and the importance of protecting the estate and its beneficiaries. If you are facing an executor dispute or wish to prevent one, contact our team for professional guidance and support.
How we can help
We have a proven track-record of advising upon all aspects of private client work. We will guide you through the process and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
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How to Contact Our Private Client Solicitors
It is important for you to be well informed about the issues and possible implications of disputes between executors. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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