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Is the executor refusing to pay what you are owed?

Executors and administrators have a legal duty to collect in the estate, pay the debts and distribute what is left to the beneficiaries within a reasonable time. Some drag their feet for years. Some help themselves. Some simply refuse to communicate.

You do not have to put up with it. We can put you in touch with specialist probate dispute solicitors who can force the executor to account, or apply to have them removed, and who can act for you on a genuine No Win No Fee basis.

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When can you take action against an executor?

You may be able to act if the executor or administrator:

  • Has not distributed the estate more than a year after the death, without a good reason.
  • Refuses to tell you what the estate is worth, or to provide accounts.
  • Is living in, or renting out, a property that belongs to the estate.
  • Has sold assets to themselves, family or friends at less than their value.
  • Is paying themselves fees or expenses they are not entitled to.
  • Has a conflict of interest, for example because they are also disputing the will.
  • Has simply disappeared, or refuses to take up the role while blocking anyone else from doing so.

Beneficiaries have real powers. If the executor is not doing their job, we want to hear from you.

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Your rights as a beneficiary

The law gives beneficiaries several tools, from a demand for accounts through to removal of the executor by the court.

Letterstedt v Broers (1884) LR 9 App Cas 371

The starting point for removing a trustee or executor. The court’s main guide is the welfare of the beneficiaries. Misconduct does not have to be proved. It is enough that the executor’s continuing in office is getting in the way of the estate being administered properly.

Administration of Justice Act 1985, section 50

Gives the High Court power to remove an executor or administrator and appoint a replacement, including a professional. Applications are made where relations have broken down, where the executor has a conflict of interest, or where they have failed to progress the administration.

Senior Courts Act 1981, section 116

Allows the court to pass over the person entitled to a grant and appoint someone else where it is necessary or expedient, for example where the named executor is unsuitable or is refusing to act.

Administration of Estates Act 1925, section 25

Sets out the executor’s core duties: to collect the estate, administer it according to law, and produce a full inventory and account when the court requires. A beneficiary can apply for an order that accounts be provided.

How C-PAID can help

Our panel solicitors begin with a formal letter requiring the executor to provide accounts and a timetable. That alone often produces results. Where it does not, they can apply to the court for an order for accounts, for an inventory, for the removal of the executor, or for the executor to make good any loss caused to the estate.

Where the executor has acted in breach of duty, the costs of the application can often be recovered from them personally. contact us or call 0161 532 8111 for a free assessment.

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The executor’s year

Executors are given a year from the death, known as the executor’s year, before they can be compelled to distribute. After that, beneficiaries are entitled to ask why the estate has not been paid out and to take action if there is no satisfactory answer.

Claims against an executor for breach of duty are generally subject to a limitation period of six years from the breach, though longer in cases of fraud. Do not wait for the executor to get round to it.

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Frequently asked questions

Can I see the estate accounts?

Yes. As a residuary beneficiary you are entitled to see the estate accounts, and the executor can be ordered to produce them if they refuse.

The executor is also a beneficiary. Is that allowed?

Yes, it is very common. The problem arises where the executor prefers their own interests to those of the other beneficiaries. That is a breach of duty and may justify removal.

Can an executor be made to repay money?

Yes. An executor who has caused loss to the estate through breach of duty can be ordered to make it good from their own resources.

What if the executor has not applied for probate at all?

A beneficiary can serve a citation requiring them to take up the grant or renounce. If they do nothing, the court can allow someone else to apply.

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