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Our Resolve. Your Resolution.
Executors are responsible for collecting in the estate, valuing assets, paying debts and taxes, and distributing property according to the will. They hold a position of trust and must act with integrity, diligence, and impartiality.
Disputes can arise — particularly in high-value estates involving property, land, businesses, and complex financial holdings. Beneficiaries may feel that an executor is mismanaging the estate, acting too slowly, unduly delaying the sale of property or land, or favouring their own interests. In such cases, it may be necessary to challenge the executor’s conduct or even seek their removal.
With the rising value of estates, the stakes can be high. Executors are more frequently challenged where:
Courts have the power to:
However, removal is a serious step and is generally a last resort if the executor has acted improperly or the administration of the estate is at risk.
We advise both:
Our role is to:
Will, Trust & inheritance disputes – Our main page with a full overview.
Proprietary estoppel claims – Where executor disputes intersect with promises about inheritance.
Business probate disputes – Where executors must manage companies or partnerships.
Farm probate disputes – Where executors handle agricultural estates.
If you are concerned about how an estate is being administered, or if you are an executor facing challenge, our contentious probate team can help.
We represent clients across England and Wales, with many choosing us for our strong local presence in York and North & East Yorkshire. We are available for in-person meetings at our offices in York, St Saviourgate, Clifton Moor, Easingwold, Haxby, Pocklington, Malton, and Thirsk.
Contact us today for clear advice and practical solutions.
How do I challenge the executor of a will?
If you believe an executor is failing to carry out their duties properly, you may be able to challenge their actions. Obtaining information and corresponding with the executors regarding the issues in dispute is the first step. If there are matters which need to be resolved, negotiation or mediation should usually be used to see if agreement can be reached without Court involvement. If necessary, applications to the Court can be made.
What are the legal grounds for challenging or removing an executor of a will?
An executor may be challenged or removed if they are acting dishonestly, mismanaging estate assets, failing to administer the estate within a reasonable timeframe, acting in a manner which conflicts with the best interests of the beneficiaries or otherwise breaching their legal duties.
What evidence is needed to prove an executor is unfit or acting improperly?
Evidence may include financial records, correspondence, witness statements, estate accounts or documentation showing delays, misconduct, conflicts of interest or misuse of estate funds.
What is the role of the court in challenging an executor?
The court has the power to investigate concerns about an executor’s conduct, order the disclosure of information and estate accounts, give directions on the administration of the estate and, in serious cases, remove and replace the executor.
What should I do if the executor is delaying the distribution of the estate?
If an executor is causing unreasonable delays, you should first seek an explanation and request an update on the administration of the estate. If concerns remain, specialist legal advice can help determine whether court action is appropriate.
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