Suing Executor of Estate (UK): Can an Executor be Sued?

If an executor has made mistakes or errors - whether intentional or accidental - that have caused you or other beneficiaries of a will to suffer, you may be able to make a claim against them and/or have them removed from their position. Please note that JMW can only assist with Will dispute cases within England and Wales.

When an executor is appointed to a will, they are required to state that they are willing to take on the responsibility of managing the deceased's estate. If they do not do this successfully, you may be able to remove an executor or make a claim against them for any losses they have caused to the estate.

In the following post, we will explore how you can remove or sue an executor. Our experienced team has lots of information about our contentious probate services; to learn more, visit our Trustee or Executor Disputes page.

Should I Remove or Sue an Executor in Estate Disputes?

Before you decide to do anything, you should consider several factors that may come into play when taking legal action.

Firstly, it is important to understand the sensitive nature of dealing with wills, trusts and estates disputes. Everyone involved in the wills process after the death of the testator (the person who created the will) may be suffering from grief and this could affect their ability to act out their responsibilities. However, an executor should understand the importance of their role when deciding whether to accept it. While making a claim could cause more unwanted stress during this already difficult time, it may be the best way to ensure the estate is dealt with properly, and that beneficiaries get their inheritance in a timely manner. 

How Long Do You Have to Sue an Executor?

In England & Wales, the time limit for suing an executor of an estate typically depends on the nature of the claim:

1. Claims Against the Estate: If you are making a claim against the estate itself rather than against an executor personally, such as under the Inheritance (Provision for Family and Dependants) Act 1975, you may only have six months from the date of the Grant of Probate to bring a claim.  It’s important to seek advice quickly if this is your intended claim.
2. Claims for Breach of Duty: If you are suing the executor for breach of their duties (e.g., failing to administer the estate properly), the limitation period is usually six years from the date of the breach. However, if the breach involves fraud, there may be an extended time limit, as fraud can extend the limitation period.
3. Claims for Recovery of Land: If the claim involves land or property, the limitation period is usually 12 years.
4. Other Considerations: The specific circumstances of the case can affect the time limit, so it’s advisable to seek legal advice to ensure you act within the appropriate timeframe.

It's important to act promptly and consult a solicitor if you believe you have grounds to sue an executor, as the rules around the time you have to do this are complicated, and the time limit may be short.

Can a Beneficiary Sue an Executor?

It is legally possible to sue an executor of a will, but the choice of whether to do so will depend upon your chances of success. Legal action can be costly and time-consuming, so you should be informed about exactly what the process will be, and decide what you want to achieve from it. Succeeding in your claim may result in your legal costs being recovered from the other party, but this is not guaranteed. It is advisable to seek legal advice before making a claim to be certain you are fully aware of the implications and potential outcomes.

Seeking the help of professional solicitors will allow you to consider these factors before starting a claim, as they will be able to assess your situation and explain what you may be entitled to, and how likely it is your case will result in success and what that success may mean for you.

How to Remove or Sue an Executor

There are different processes for removing and suing executors. The complexities of estate administration can vary significantly, with factors such as the absence of information, the number of assets, or the structure of the Will complicating the process. Executors must navigate these challenges while maintaining a basic level of competence to fulfil their legal responsibilities effectively.

How to Remove an Executor from a Deceased's Estate

Before taking any legal action, you should try addressing your concerns with the executor in the form of a formal letter. The letter should start by asking them why they have acted in the way they have, give them an opportunity to remedy any problems and ask whether they will willingly step down from the position. This is important, as it may help you to avoid costly legal action. Concerns often arise from dissatisfaction with the executor's dealings, such as disagreements on estate matters or perceived misconduct. However, if they do not accept, with sufficient evidence, you may make a claim to the court to have them removed and replaced.

If you succeed in having the executor removed, you will need to appoint a new person to take their place. You should choose this person before you make the claim, as the court will need to be informed of your decision as part of the process and that person will need to have consented to be appointed.

You will then need to apply to the court, including the following:

• The original letter granting probate or administration rights to them
• A statement detailing the reasons why you want the current executor to be removed
• Documents detailing the items included in the estate and the names of the beneficiaries and whether they are all in agreement
• The details of the person who will replace the current executor and a witness statement detailing their suitability
• The replacement executor’s signed consent to undertake the role

To be successful, you will need to prove that the current executor is not fit for the role due to negligence, their own physical or mental health, or that they have intentionally acted unlawfully, which could include fraudulent activity or stealing from the will or that it has become impossible for the executor to continue to deal with the estate. Sufficient evidence must be provided in the form of documents or witness statements and the court will not remove an executor without good reason.

How to Sue an Executor

To sue an executor to recover money for the estate, you must prove that they have caused a financial loss to the estate. Even then, there would need to be good evidence that this was directly as a result of the executor’s failure to act properly. You may want to claim against them if they have neglected their duties, or if you have found out that they did not act out the testator’s will in the way that they should have but you will need to show some financial loss to the estate.

Suing an executor is a complex process that should be facilitated by experienced solicitors who may be able to mediate and resolve the issue without court proceedings and can advise you of your prospect of success in what could be a difficult claim. The process would start by notifying the other party a claim is being made against them. In this case, they may simply accept and pay what is due. However, it does not always work so easily, and court proceedings may be necessary with the help of a solicitor.