Executor disputes: How they can be avoided and what you should do if one arises

An executor is a person named in a Will to administer an estate in accordance with the testator's wishes. This can be an onerous role, depending on the size and complexity of the estate. A testator can appoint up to four executors; where there are beneficiaries under 18, at least two must act.

Disputes can arise between beneficiaries and executors, or between the executors themselves. Whilst some are unforeseen, we have seen disputes arise as a result of poor planning, poor drafting, or a failure to have difficult conversations at the Will preparation stage.

What steps can be taken to avoid executor disputes at the drafting stage?

When someone prepares their Will, it is crucial that they fully understand the role that their executors will have in their estate administration and how important the decision is that they are making.

• Appointing multiple executors can be the source of disputes.

We often see testators appointing multiple people to act as their executors. Executors need to work together to administer the estate. Appointing people who do not get on, have different perspectives, or have a conflicting financial interest may not be sensible.

• Personal conflicts of interest should be considered.

For example, an executor living in a deceased's property who has not been left that asset may be motivated to delay a sale. Asking probing questions at the drafting stage can flush out such issues.

• Practical considerations matter too.

An executor who lives abroad, has poor organisational skills, or is unwell may renounce the role or face criticism from beneficiaries further down the line.

• Discuss and review.

Testators should consider liaising with potential executors in advance and undertaking regular reviews of testamentary documents to ensure named executors remain appropriate.

What steps can be taken to avoid executor disputes at the estate administration stage?

Executors should always consider obtaining independent legal advice when the deceased passes away. They act in a fiduciary position, with strict time limits and key early steps to take: securing and insuring property, freezing bank accounts, and informing key organisations of the death. Administration should be attended to in a timely manner, as beneficiaries have the right to receive key information about the estate. If an executor is perceived as slow or unreasonable, beneficiaries may escalate, including through High Court litigation and adverse costs orders against the executor personally.

What to do if an executor dispute arises?

Sometimes a dispute arises that could not have been prevented. Unlocking executor disputes requires specialist advice from a contentious probate solicitor as soon as possible. Advice sought late in the administration, or after a Grant of Probate has been obtained, can be more problematic and costly to resolve.

For any queries relating to executor disputes or contentious probate more generally, please get in touch.

 

Meet the author: Emma-Louise Green, Associate Director.

 

This information does not represent legal or tax advice. Seek appropriate legal or tax advice about the topics covered, specific to individual circumstances, before taking or refraining from any action.