The Silver Brief

Being appointed as an executor is a significant legal responsibility. Executors are entrusted with administering a deceased person’s estate in accordance with their Will and the law. While many estates are handled smoothly, disputes can arise where beneficiaries have concerns about how an executor is carrying out their role and, possibly, removing an executor.

In this guide, I explain executor duties in England and Wales, common issues that arise, and the legal process for removing or replacing an executor where necessary.

What does an executor do?

An executor is responsible for administering the estate from the date of death until final distribution. Key duties include:

• Identifying and valuing the estate’s assets
• Applying for a grant of probate
• Paying debts, taxes, and liabilities
• Managing estate funds
• Distributing the estate in accordance with the Will

Executors must act in the best interests of the beneficiaries and comply with their legal duties at all times.

See the Government’s guidance notes on applying for probate.

Executor duties explained

Executors owe strict legal obligations, often described as fiduciary duties.

Acting in the best interests of beneficiaries

Executors must:

• Act impartially between beneficiaries
• Avoid favouring one beneficiary over another
• Follow the terms of the Will

Duty to act with reasonable care and skill

Executors must:

• Administer the estate diligently
• Keep accurate records
• Take appropriate professional advice where needed

Duty to avoid conflicts of interest

Executors must not:

• Use their position for personal gain
• Place themselves in a position where their interests conflict with the estate

Duty to account

Executors must:

• Provide information to beneficiaries
• Keep proper estate accounts
• Be transparent about decisions

Failure to comply with these duties can lead to disputes and potential legal action.

Discover more about the ‘Executor’s Year’.

Removing an executor: Common executor disputes

While many executors act properly, concerns may arise in practice.

Typical issues include:

• Delays in administering the estate
• Lack of communication
• Failure to provide accounts
• Mismanagement of assets
• Conflicts of interest
• Improper or premature distributions

These concerns often form part of wider contentious probate disputes.

See my comprehensive guide to contested probate.

What can beneficiaries do if there are concerns?

Beneficiaries have several options if they are worried about an executor’s conduct.

Request information and accounts

Beneficiaries are entitled to:

• Reasonable information about the estate
• Updates on progress
• Copies of estate accounts (in appropriate cases)

Seek professional advice

Early legal advice can help clarify:

• Whether the executor has breached their duties
• What steps can be taken
• Whether court action is necessary

Attempt resolution without court

Many disputes can be resolved through:

• Direct communication
• Solicitor correspondence
• Mediation

The court expects parties to have genuinely considered alternative dispute resolution before issuing proceedings—litigation should be a last resort. Where the court considers that insufficient effort has been made to resolve the dispute, it may impose penalties, particularly when determining liability for legal costs.

Removing an executor

Removing an executor is a serious step and is not granted lightly by the court.

An executor may be removed where:

• They have acted dishonestly or improperly
• There is clear mismanagement of the estate
• There is a conflict of interest affecting administration
• There has been a breakdown in relations preventing proper administration
• They are incapable of carrying out their duties

The court’s primary concern is the proper administration of the estate, not punishing the executor.

How to remove an executor

The legal process depends on the stage of administration.

Before a grant of probate

If probate has not yet been granted:

• A named executor may choose to renounce their role
• Alternatively, a citation procedure may be used to compel them to act or step aside

After a grant of probate

If probate has already been granted:

• An application can be made to the court under section 50 of the Administration of Justice Act 1985
• The court may remove and replace the executor

Court proceedings are typically a last resort due to cost and complexity.

What happens after an executor is removed?

If the court removes an executor:

• A replacement executor or administrator is appointed
• The new personal representative takes over administration
• The estate continues to be administered in accordance with the law

The goal is to ensure the estate is handled efficiently and fairly.

Costs of executor disputes

Disputes involving executors can be costly, particularly if court proceedings are required. Costs will depend on:

• The complexity of the issues
• Whether the dispute settles early
• The conduct of the parties

In some cases:

• Costs may be paid from the estate
• The losing party may be ordered to pay costs

See my Guide to costs in contentious probate claims

How to avoid executor disputes

Many disputes can be prevented with careful planning and communication. Practical steps include:

• Choosing executors carefully
• Keeping beneficiaries informed
• Maintaining clear records
• Acting promptly and transparently
• Seeking professional advice when needed

Clear communication and good administration are often the best safeguards against conflict.

FAQs about executor duties and removing an executor

This guide to writing a valid Will is based on general principles of English and Welsh law, is intended for informational purposes only, and does not constitute legal advice or establish a professional relationship.

About the author, Clare Lowes