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  • Executor Misconduct

Executor Misconduct

Trustpilot

If you're making a Will, you should carefully consider who to appoint as executors of your estate. It's a role of great responsibility and you need to feel like you can trust your executor completely.

Unfortunately, executors can knowingly or unknowingly breach your trust. This can happen through carelessness, incompetence, or them acting in their best interest instead of your estate’s. This is known as executor misconduct.

We have the largest team of Will, trust and estate solicitors in the UK, giving us a unique set of expertise to handle your executor misconduct claim. Our specialist Will, trust and estate dispute solicitors have been helping our clients find solutions to executor issues for decades.

We have resolved some of the UK’s most high-profile disputes and are highly regarded by independent legal guides such as The Legal 500. They say of our team: “Irwin Mitchell are one of the country’s most impressive estates and trusts litigation teams. They have the resources to tackle the full gamut from small Inheritance Act claims to large multinational trusts disputes.”

An executor is responsible for taking control of the administration of the estate. They'll need to collect in assets and distribute the net estate according to your Will.

Managing estates can be very complicated. It's even more complicated if multiple properties or international assets are involved. Incorporating trusts or rural estates can also present unique challenges. Our team are experts in handling complex wealth structures.

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More information on executor misconduct

Many estates are straightforward. However, administering can become a complicated and drawn-out process when disputes arise, especially when beneficiaries make allegations against the executor.

Allegations of executor misconduct could include when your executor:

  • Failure to give information to the beneficiaries
  • Failure to pay legacies to the beneficiaries
  • Charging inflated executors’ fees
  • Failure to act neutrally, by favouring themselves (self-dealing) or a particular beneficiary
  • Refusal to sign paperwork or collect in estate assets
  • Failure to insure an estate property which causes a loss (devastavit)
  • Unexplained delays in administering the estate
  • Misappropriation of estate assets
  • Moving themselves or a relative into an estate property.

If you feel an executor isn’t being clear about how the estate administration is progressing, you can make a request for information directly to them. This could include asking about what assets the estate is made up of and when distribution is likely to happen. This is a good first step, especially if you put your concerns in writing to the executor.

If the executor doesn’t respond, you can apply to the court for an order to make them answer your questions. Any breach of the requirement to account for the estate is taken seriously by the court.

If the executor still doesn’t comply, you could apply to have the executor removed from their position and ask for a new executor to be appointed. The court will normally only remove an executor if:

  • The executor has a mental or physical disability or illness that stops them from performing their duties
  • The executor has committed a crime
  • The executor is unsuitable for the position, such as through dishonesty or causing a loss to the estate.

In the notable 2022 case of Re Shotton, the executor failed to comply with an order to provide a sworn statement of the assets and liabilities of the estate. The judge, Mr Justice Leech, took the “contumacious, serious flouting of orders of the court” by the executor so seriously that the executor was given a custodial sentence, suspended for a short time to allow him a final chance to comply. Disputes which reach a trial or hearing will also carry a heavy costs risk for the executor accused of wrongdoing.

You should be mindful of the complexities in administering some estate and what might go wrong. Both executors and beneficiaries should be aware of the need to seek early legal advice from a specialist contentious probate lawyer if there could be a dispute.

We have the largest team of Wills, trust, and estate dispute solicitors in the UK. This means we’ve an unrivalled set of expertise and resources to get you the result you’re looking for.

We’re members of many professional bodies, including:

  • Society of Trust and Estate Practitioners (STEP)
  • Association of Contentious Trust and Probate Specialists (ACTAPS)
  • Contentious Trusts Association (ConTrA)
  • Chartered Institute of Legal Executives (CILEX).

These memberships help our team to continually expand their legal knowledge. It also makes sure we’re up to date with the latest news and updates to the law. This ensures we’re always giving you legal advice that’s in-line with current legislation. That gives you the best chance of getting the result you want.

We cut out the legal jargon and give you advice that’s clear and tailored to your unique situation. Executor misconduct can take many forms, so we’ll spend time getting to understand the circumstances and advise you on what we believe is the best course of action. We’ll always act on your instructions and keep you informed every step of the way.

Our expertise is highly regarded by leading independent legal guides like The Legal 500 and Chambers and Partners. A testimonial featured on Chambers and Partners’ website states: “I work with a number of solicitors at Irwin Mitchell and without exception they are experts at what they do.” The Legal 500 also ranks us in their highest tier for contentious trusts and probate lawyers.

Our clients are also only too happy to praise our expert Court of Protection team:

  • "Irwin Mitchell provided outstanding service in helping me and my siblings navigate a complex and challenging family dispute regarding our grandfather's will. The firm demonstrated expertise, professionalism, and dedication throughout the lengthy and difficult process, ultimately delivering a successful outcome for our case." - 5* Trustpilot review
  • "My experience with Irwin Mitchell has been brilliant. For the past 2 years I have had the pleasure in dealing with Lucy, Christine & Freya. All of them couldn’t have helped me enough, always so helpful, patient and professional. Communication was amazing, my emails were always replied to quickly and I was always kept updated. I can’t thank Lucy, Freya & Christine enough for everything they have done for me in such a stressful situation and achieving the best possible outcome. - 5* Trustpilot review

We have offices located around the country, so you can visit us at an office that’s close by. If you prefer, we can communicate via phone or video call. We’ll work in a way you’re most comfortable with.

Joy Williams Content quote

My legal team has held my hand throughout, they have been incredibly patient and understanding"

Joy Williams, client

Frequently Asked Questions

What is an executor supposed to do?

An executor has a high level of responsibility. Their duties and obligations include:

  • Ensuring proper disposal of the body
  • Putting the needs of the estate over their own wishes and those of any individual beneficiaries
  • Acting neutrally in the event of a dispute between the beneficiaries
  • Protecting the estate assets, such as insuring property or promptly collecting in assets which may decrease in value
  • Keeping records of payments and expenses incurred in the administration of the estate.

Failure to do any of these properly could count as executor misconduct.

Read more about the duties of an executor.

What should I consider when appointing an executor in my Will?

Deciding on who to appoint as an executor isn't a task to undertake lightly. There are various considerations you should make when deciding on your executor.

Some issues to consider when deciding who to appoint as executor include:

  • Whether the proposed executor should be a professional such as a solicitor (usually involving additional charges for the estate) or whether a friend or family member might be able to fulfil the role.
  • If appointing a friend or family member, are there any family dynamics or potential disputes they should know of beforehand? Issues such as this might influence their decision to accept the role.
  • Does the proposed executor have any financial interest in the estate? For instance, are they expected to spend much time and effort administering the estate for no personal benefit or do they also inherit?
  • Is it likely the proposed executor will be fit and well enough to administer the estate after the testator’s death? While illness can strike anyone, it's worth bearing this in mind if you're thinking about appointing someone of advanced years.
  • Is the proposed executor suitable for the position? For instance, do they have any criminal history, or have they been made bankrupt?

Is executor misconduct a crime?

Executor misconduct can be classed as a crime in some situations. If it’s believed that fraud has taken place, this is a crime and the person responsible could be prosecuted.

However, even in a civil case, an executor is at risk of being sued if it’s believed they’ve breached their duties or withheld inheritance money. An allegation made against an executor is very serious. The executor can be held personally liable for misappropriated funds and compensation.

Related Information - Executor Misconduct

Claims Against Trustees – our solicitors can help you make a claim against a trustee if they've mismanaged your trust
Interpretation Of The Terms Of Wills – What to do if you disagree with the executor about the meaning of a Will
Contesting A Will – What to do if you're left out of a Will or you believe the Will of a loved one isn't correct
Professional Negligence – We can help if you're a victim of negligent Will drafting or poor estate handling by a professional

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