Executors (and administrators where there is no will) and trustees hold assets for the benefit of others. When they delay, fail to keep beneficiaries informed, act in their own interests or make mistakes, the consequences for families can be serious. We act for beneficiaries who are concerned about how an estate or trust is being run, and for executors and trustees who face criticism or claims.
For beneficiaries
Common problems include:
- delay in applying for probate or in administering the estate;
- failure to provide information or accounts showing what the estate holds and how it has been dealt with;
- conflicts of interest, for example an executor who is also a beneficiary living in an estate property;
- maladministration, such as selling assets at an undervalue, mixing estate money with their own, or paying the wrong people; and
- breach of trust by trustees, including poor investment decisions or failing to follow the trust deed.
Depending on the circumstances, options include asking for an inventory and account, applying to the court to remove or replace an executor or trustee (for personal representatives, under section 50 of the Administration of Justice Act 1985), applying for someone else to be appointed in place of the person entitled to the grant (section 116 of the Senior Courts Act 1981), issuing a citation to force an executor to take or refuse probate, and claiming compensation for losses caused by a breach of duty.
For executors and trustees
Acting as an executor or trustee can be difficult when family members disagree. We advise on:
- your duties when a claim is threatened, including whether to pause distribution of the estate;
- when you should stay neutral (for example in many Inheritance Act claims) and when you should defend the will or the trust;
- protecting yourself on costs, including applications to the court for directions about whether to bring or defend proceedings (sometimes called "Beddoe" applications);
- responding to requests for information and accounts; and
- stepping down, or being replaced, where that is in everyone's interests.
Executors and trustees who act properly can usually recover their reasonable costs from the estate or trust fund. Those who act unreasonably may be ordered to pay costs personally, so early advice is important.
Trust disputes
We also advise on disputes about lifetime and will trusts, including the interpretation of trust documents, provision from discretionary trusts, the removal of trustees, rectification of trust deeds, and claims arising from professional negligence in setting up a trust.
[placeholder – anonymised case study: removal of an executor]
Frequently asked questions
Can I remove an executor?
Yes, the court has power to remove or replace an executor or administrator where that is necessary for the proper administration of the estate, for example because of serious delay, misconduct or hostility that is preventing the estate being administered. The court looks mainly at the welfare of the beneficiaries.
The executor will not tell me anything. What can I do?
Beneficiaries are entitled to be kept reasonably informed and can ask for an account of the estate. If that fails, the court can order an executor to provide an inventory and account. A letter from a solicitor is often enough to get things moving.
Is an executor personally liable for mistakes?
An executor or trustee can be personally liable for losses caused by a breach of duty, although the court can relieve someone who acted honestly and reasonably. Taking advice before distributing an estate where a claim is possible is an important protection.
