Concerned about the actions or inaction of an executor?

An executor’s lack of progress in administering an estate can be concerning for beneficiaries.

It is important to remember that executors must act in the best interests of the estate irrespective of any personal or family dispute. Put simply, the duties of an executor include acting promptly to collect in estate assets and administer the estate in accordance with the deceased’s last will.  A failure to comply with those duties can be serious and result in their removal as an executor.

When a beneficiary has concerns about the action or inaction of an executor, steps can be taken to obtain further details regarding the estate, or where appropriate to remove or substitute an executor.   

Citation

A citation can be used when an executor has taken limited or no steps to deal with the estate and has failed to apply for the grant of probate. The outcome of such an application can require the executor to apply for the grant within a set time and if they fail to do so, allow the applicant to take steps to obtain the grant of probate themselves.  

Correspondence

Some concerns can be addressed by engaging in correspondence with the executor/s. Beneficiaries can request estate accounts and details of distributions to address their concerns. A reminder of an executor’s duties can also sometimes help to focus an executor’s mind.

Court Applications

If an executor fails to engage with or address genuine concerns raised by a beneficiary, a beneficiary can make an application to court to obtain further information or where appropriate to remove the executor. The concerns do, however, need to more than a hostile family or personal dispute. Generally, a beneficiary has to be able to show the court that the executor in question is;

a.    unable to perform their duties; or

b.    unsuitable for the position (for example misconduct or a conflict of interest)

Should you need any assistance in relation to issues regarding an executor or claims at Court in relation to these matters, please get in touch with our specialist team on 0345 872 6666.