Estate Administration and Executor Disputes

Disputes can arise during estate administration where executors delay, mismanage assets or act in conflict with beneficiaries’ interests. Our experienced team advises beneficiaries and personal representatives on resolving estate administration disputes and, where necessary, making court applications.

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An executor is appointed by a will. If they accept the appointment, the executor is duty-bound to administer the estate by gathering in and safeguarding assets, settling debts and administration expenses and then distributing the assets to the beneficiaries. An administrator, appointed by the court where the executors are unable or unwilling to act or in cases where there is no will (intestacy), is subject to the same duties. Executors and administrators are known as the deceased’s personal representatives. Personal representatives have a duty to act in the best interests of the estate’s beneficiaries as whole and the beneficiaries are entitled to seek an account from them.

We regularly advise beneficiaries, executors and administrators about the following issues:

Delays in obtaining a grant of probate or in the estate administration;
Issues with the valuation or recovery of estate assets;
Concerns about conflicts between personal representatives’ duties to beneficiaries and their personal interests;
Friction amongst beneficiaries, beneficiaries and personal representatives or between personal representatives themselves;
Communication issues between beneficiaries and personal representatives;
Concerns about mismanagement of the estate’s assets or any claims on behalf of or against the estate;
Missing or uncommunicative beneficiaries; and,
Allegations of fraud against personal representatives.

If there are issues with a personal representative’s conduct, beneficiaries are entitled to ask the court to order them to provide an inventory and account and it is possible for one or more personal representatives to be removed by the court. We regularly act for concerned beneficiaries and personal representatives in such applications to ensure that the estate administration can be concluded and any claims against the former personal representative can be dealt with. Often, particularly in cases where there is a dispute between the personal representatives themselves, an independent professional administrator will be appointed to replace the personal representatives. Removal of a personal representative may not always be appropriate or desirable and we are also able to assist with:

‘Citing’ an executor to accept or refuse to take a grant probate so that, if they refuse, an administrator can take their place;
Applications to the court for ‘directions’ as to how the personal representatives should deal with the estate administration (e.g. in cases where there are different opinions between joint personal representatives or amongst the beneficiaries);
Applications to the court to approve or ‘bless’ a personal representative’s actions or to approve their estate accounts (if the beneficiaries will not do so);
Applications to approve personal representatives bringing litigation on behalf of an estate (‘Beddoe’ orders); and,
Applications to approve personal representatives distributing an estate as if a missing beneficiary has died (‘Benjamin’ orders).

If a personal representative’s actions or inaction has caused loss to the estate, the beneficiaries may have the right to bring a claim against them to recover that loss. Such claims are known as ‘devastavit’ claims and a personal representative can be required to make the estate whole. We act for beneficiaries and personal representatives in either bringing or defending such claims.

Please see our FAQs below or contact a member of the team today to discuss how we can help.

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Introducing your key contact

Jason Oliver

Partner – Personal Disputes and Commercial Disputes

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Jason Oliver

Partner – Personal Disputes and Commercial Disputes

Meet the team

We have answered some of the more frequently asked questions we receive around contentious probate. If you have a question that is not answered below, please contact Jason Oliver.

I have fallen out with my co-executor. We cannot agree on anything and everything has ground to a halt. What should I do?

In this situation it is probably too much to expect that one of the executors will step aside and let the other administer the estate as they see fit. The usual solution is for both of the executors to agree to appoint a neutral professional to take on the executor role. Even if that can be done by consent, an application to the court is still required and we can help with that.

I was left £100,000 in my mother’s will. It’s now four years since she died and I haven’t had a penny. There is money in the estate but the executor doesn’t like me and won’t pay out. What can I do?

The executor is not obliged to pay legacies in the first year following the death, but after that they should get on with it unless complications have arisen. You are entitled to interest in addition for late payment, and in an extreme case you may be able to remove the executor if they are not acting in the best interests of beneficiaries. We can assist in either situation.

My father died two years ago. I am a beneficiary of his will, but it appoints someone else as executor. The executor – who is not a beneficiary – has not applied for a grant of probate and shows no sign of doing so. What can I do?

First, try to find out why the executor will not act. If they don’t want to be involved and have not taken any steps to administer the estate then you can invite them to renounce and agree to appoint somebody else as executor. If this does not work, you can issue a citation/notification for the executor to apply for a grant with provision that if they fail to do so then you are able to apply for a grant and administer the will. This is quite a technical process which we have experience of undertaking.

How we’ve helped our clients

“Jason’s expertise helped us confidently navigate a difficult will dispute. We are grateful for his efficiency, and empathy throughout this process. Thank you Jason for getting us a resolution allowing us to move forward with our lives.”

Shari Gallop – Contentious Probate Client

“Responsive progress when required; felt advice given was appropriate and helpful without emotional bias (which was much appreciated In the difficult circumstances I was put in). I felt that Jason Oliver was ‘going the extra mile’ for my mother and myself.”

Client – Contentious Trust & Probate

“Jason quickly analysed correspondence I shared, together with background from our phone discussion, to prepare a very relevant and helpful response to a letter of claim in connection with my role as an executor. Definitely gave me confidence and put my mind at rest.”

Contentious Trust Client

“It is over a year now that I was faced with trying to resolve the matter and I can’t thank yourself, and in particular Oliver enough for bringing this to a happy conclusion after many unpredictable shifts and turns.”

A Client in a Probate Dispute Case

“When a distant relative died, unexpectedly I found myself as executor of her will. It was being administered by the solicitors who had been holding the Will. Annoyingly, the Will had been badly written and contained mistakes and ambiguities. It became obvious to me that those dealing with it were incapable of resolving the situation and were wrongly pursuing pointless and expensive lines of investigation. I mentioned this to a friend who told me that while dealing with Paris Smith he had learnt that they had a man who specialises in bad wills. I approached Paris Smith and Jason Oliver said that he could help me. Jason considered all the facts and immediately stopped the administering solicitors from proceeding further. With his expertise he was able to resolve the complex issues while keeping me fully informed at all times. He guided me through Zoom meetings, dealings with barristers and High Court procedures. Best of all, the estate was finally divided as originally intended. I was very impressed with the professionalism of Jason Oliver and would recommend him to anyone requiring legal advice and guidance. ”

Gerry Burnell

“I used Paris Smith in a family situation that I was finding immensely stressful. Jason listened carefully, and gave the time required to understand the problem. He followed up the initial meeting with some very sound advice, and had a great knack of cutting through the emotion to work out the issues. I remain very grateful for his pragmatic and level-headed approach.”

“As we discussed at the beginning, it was never about the small cash inheritance but more of the injustice of being unrecognised as equals. Finally we have peace of mind. Therefore we would like to again thank you for your continued support, expertise and professionalism throughout. We couldn’t have done it without you!”

Clients with a probate dispute

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Estate Administration and Executor Disputes

Jason Oliver

Jason Oliver

How we’ve helped our clients

“Jason’s expertise helped us confidently navigate a difficult will dispute. We are grateful for his efficiency, and empathy throughout this process. Thank you Jason for getting us a resolution allowing us to move forward with our lives.”

“Responsive progress when required; felt advice given was appropriate and helpful without emotional bias (which was much appreciated In the difficult circumstances I was put in). I felt that Jason Oliver was ‘going the extra mile’ for my mother and myself.”

“Jason quickly analysed correspondence I shared, together with background from our phone discussion, to prepare a very relevant and helpful response to a letter of claim in connection with my role as an executor. Definitely gave me confidence and put my mind at rest.”

“It is over a year now that I was faced with trying to resolve the matter and I can’t thank yourself, and in particular Oliver enough for bringing this to a happy conclusion after many unpredictable shifts and turns.”