A Nudge in the Right Direction: How to Deal with the Rogue Executor

The administration of a loved one’s estate is a highly emotional and stressful process. Tensions can run especially high when family relationships are strained, resulting in poor communication between the executor(s) and the beneficiaries. This breakdown in communication leaves beneficiaries uncertain about the progress of the estate administration, anxious over whether they will receive their inheritance and, ultimately, unsure if the deceased’s final wishes are being fulfilled.

If you find yourself in this situation, it’s essential firstly to understand the role of the executor before considering what steps you can take to get things back on track. Our contentious probate team are here to guide you through these challenging moments and help ensure that your rights as a beneficiary are looked after.

The Role of an Executor

An executor is appointed by the testator (the person making the will) to carry out the instructions set out in their will. This includes managing both the legal and financial aspects of the estate. The core duties of an executor include:

• Identifying the assets and liabilities of the estate
• Paying any debts and taxes owed by the estate
• Distributing the estate to beneficiaries in accordance with the terms of the Will.

Executors must act in the best interests of the beneficiaries, and they hold a fiduciary duty to do so impartially and efficiently.

Examples Where an Executor Is in Breach of Their Duties

If you are a beneficiary and suspect that the executor is not meeting their obligations, you have the right to raise these concerns with them. Common signs that an executor may be in breach of their duties as an executor include:

• Lack of communication: Withholding key information about the will, estate assets, or the administration process
• Unreasonable delays: Failing to apply for probate, collect assets, or distribute inheritances in a timely manner
• Poor record-keeping: Not providing accurate estate accounts or documentation
• Misinterpreting the will: Failing to follow the testator’s instructions correctly
• Improper handling of assets: Selling estate property below market value, proposing to sell estate property to themselves without the beneficiaries’ consent, failing to ensure valuable assets, or otherwise mismanaging the estate

If an executor’s actions display the above, they are likely in breach of their duties and you, as a beneficiary entitled to a share of the estate, should take action.

What Should You Do When You Suspect an Executor Is in Breach of Their Duties?

If possible, begin with a direct and amicable approach. This can be done through a respectful conversation or written correspondence. Politely express your concerns about the administration of the estate and ask for a clear update on the steps taken so far and those still to come. In some cases, this may prompt the executor to adhere to their responsibilities. However, if you have already taken this step and received no satisfactory response – or no response at all – it may be time to consider more formal measures.

At this stage, consider contacting our contentious probate team to arrange an initial 30-minute consultation. Legal representation can make a significant difference. When instructed, our contentious probate lawyers can write to the executor on your behalf, outlining their legal duties and requesting compliance. Often, a formal letter from a law firm is enough to prompt action from the rogue executor.

How Pinney Talfourd can help

You do not have to accept an executor breaching their duties to you. If your rights are being ignored or undermined, taking early advice is crucial.

To speak with one of our Contentious Probate solicitors, please call us on 01708 229 444 (Upminster Office) or 01277 211 755 (Brentwood Office).