Dispute With An Executor

Written by Tanya Waterworth, Digital Content Writer

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.

How to Challenge Executor Actions

Dealing with the death of a loved one is already emotionally draining, but if you’re having a dispute with an executor, it’s always simpler and cost effective if you can communicate your unhappiness and resolve the situation rather than going to court. Disputes with executors fall under contentious probate, which means disputes over how a deceased person’s estate is administered or distributed.

Executors are the individuals appointed to carry out the deceased’s final wishes. They have a duty to act in the best interests of the estate and the beneficiaries. However, beneficiaries may suspect misconduct, bias, mismanagement or delays. In such instances you may want to challenge the executor’s actions or request removal.

But, if you are If you are an executor facing a claim, read our guide for executors.

So if you are in dispute with an executor and need immediate help, get in touch with our team at Jefferies Claims as we work  with experienced contentious probate lawyers.

What Counts as a Dispute With an Executor?

“Contentious probate” refers to any legal disagreement over the administration, interpretation, or distribution of a deceased person’s estate. While many disputes focus on challenging a will’s validity, a significant number of cases also involves conflicts with executors.

Some typical grounds for disputing an executor may include:

• Breach of fiduciary duty: e.g. favouring one beneficiary over another, failing to account for estate assets or expenses properly
• Delay or inaction administering the estate: leaving the estate unsettled, failing to apply for probate in a timely way, or neglecting asset management.
• Executor Incapacity or unsuitability: the executor becomes incapacitated or proves unsuited to the role
• Conflict of interest or self-dealing: the executor benefits improperly from their role or acts in ways that conflict with their duties
• Hostility, Obstruction, or Poor Communication: refusing to communicate, obstructing access to records, or aggravating tense relationships among co-executors and beneficiaries

The courts are cautious about removing an executor, since the role carries legal responsibility and the deceased’s intention should be honoured.

If the dispute centres on prolonged delay in distributing the estate, read our detailed guide on executor delay.

Why it matters for you (and your inheritance)
Conflicts with an executor can stall the estate’s administration, inflate legal costs (eroding the estate’s value), and strain family relationships. In recent years, the number of inheritance disputes in England and Wales has risen sharply.

How Executor Disputes Typically Arise and Escalate

Understanding the typical paths such disagreements take will help you act strategically:

Lack of transparency
Beneficiaries ask for estate accounts, asset listings, or updates, but the executor declines or provides insufficient information.

Tensions among co-executors
When more than one executor is appointed, disagreements may emerge over how to manage or distribute assets.

Complaints about waste or undervaluation
Maybe assets were sold at low prices, costs mis-allocated, or key investments mismanaged.

Unilateral decisions by the executor
The executor takes decisions (e.g., closing bank accounts, selling property) without consulting beneficiaries, raising suspicion of overreach.

Beneficiary claims under the Inheritance (Provision for Family and Dependants) Act 1975
Even when the executor acts properly, a beneficiary may argue they were unfairly excluded or inadequately provided for.

Executor misconduct uncovered late
Sometimes disputes surface after probate is granted, when forensic examination of estate records flags irregularities.

Once a beneficiary raises concerns or signals objection, the executor may respond –  sometimes accommodating or sometimes resisting. If dialogue fails, the dispute may escalate into formal court actions, such as removal applications, accounting demands, or challenge claims.

Steps to Take If You’re in Dispute With an Executor

Below is a step-by-step guide you can adapt depending on your situation.

1. Gather the facts and documentation

• Obtain a copy of the Will, probate grant, any codicils, letters of administration, and relevant correspondence.
• Request accounting and an inventory: beneficiaries have the right to ask for a full breakdown of estate assets, liabilities, and executor’s dealings.
• Document your concerns in writing: delays, missing records, questionable transactions.

This foundation is essential and you’ll need it if legal steps become necessary.

2. Communicate and seek clarification

Start with a respectful written request to the executor:

• Ask for explanations of financial decisions, or perceived bias.
• Suggest mediation or an alternative dispute resolution (ADR) route to avoid court.
• Express willingness to negotiate before escalating.

Often, misunderstandings or miscommunications can be resolved without the need for litigation.

3. Explore mediation or alternative dispute resolution

Mediation, arbitration, or neutral evaluation can help parties find common ground while preserving relationships and reducing costs. Therefore, many solicitor firms specialising in contentious probate will propose these routes before recommending court action.

4. Apply to the Probate Registry (if before grant) or to the High Court (if after grant)

• Before probate grant
  If probate (or letters of administration) has not yet been granted, you might apply to prevent the executor from obtaining the grant or to substitute a different executor. But one tool is the caveat, which temporarily blocks probate.
• After probate grant
  Once probate has been granted, you may need a court application under to remove or replace an executor.

The court has discretion and will consider whether the executor’s removal is necessary for the estate’s proper administration.

5. Court Applications, Caveats, and Formal Challenges

Depending on your grounds:

• Accounting claim: request the court to force the executor to produce accounts and explain actions.
• Inheritability or disinheritance claims: under the Inheritance Act 1975, you may claim if you believe the deceased failed to make reasonable provision for you. But be aware of strict time limits, typically 6 months from the grant of probate.
• Will-rectification, misinterpretation or invalidity claims: if the executor is being challenged because the Will is defective.

Be sure to engage a specialist solicitor. Contentious probate is highly technical; errors can be costly.

6. Deadlines and Time Limits in Executor Disputes

Time is critical in probate disputes. Key considerations:

• Inheritance Act claims usually must be started within six months of the grant of probate.
• Even when disputing a Will’s validity, it becomes harder once the estate has been distributed.
• A caveat must be entered before probate is granted, and initially lasts six months (renewable for a further six).

Hesitation can reduce your options or provoke adverse court decisions over costs.

7. Costs, Risks, and Funding Options in Contentious Probate

Litigation is expensive. Courts in will and estate disputes generally follow the principle that the losing party pays the costs of the winning side.

A weak or late challenge might lead to you being saddled with legal bills and reducing your inheritance.

To mitigate risk:

• Ask about conditional fee agreements or “no win, no fee” arrangements (some will dispute teams offer them).
• Use mediation or ADR early to reduce court time
• Stay organised and document carefully to avoid missteps

Checklist: What to Do When Challenging an Executor

When disputing an executor under contentious probate, the process is often emotionally charged, legally complex, and time sensitive.  However, you can request full accounting, negotiate or mediate, and if necessary, apply to the court to remove an executor or pursue a claim.

Key principles to remember:

• Collect evidence, documents, and a clear statement of your concerns
• Attempt communication and negotiation before rushing to court
• Consider ADR (mediation, arbitration) as lower-cost, less adversarial routes
• Act fast — particular claims carry tight deadlines
• Engage a specialist contentious probate solicitor from the start
• Be aware of cost risks and how they might affect your share of the estate

If you find yourself stuck in a dispute over an executor’s conduct, don’t wait. The challenges of probate disputes grow over time. Seek legal advice as early as possible as your future inheritance may depend on it.

Need Help With an Executor Dispute? Speak to a Specialist

Reach out to a specialist contentious probate solicitor today for a consultation. Share your documents, outline your concerns, and explore whether mediation or court action is the best next step.

We offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding – speak to our team to find out more.

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