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Challenging an executor of a will

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.

When can an executor be challenged?

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.

Common grounds for challenging an executor

Failure to administer the estate promptly – causing unnecessary delay
Mismanagement of assets – such as undervaluing property or failing to safeguard investments
Conflict of interest – where an executor stands to benefit personally
Lack of transparency – refusal to provide estate accounts or explanations
Breach of duty – acting in bad faith or contrary to the terms of the will

Why executor disputes are increasing

With the rising value of estates, the stakes can be high. Executors are more frequently challenged where:

Estates include multiple properties, farmland, or commercial assets
Executors lack the expertise to manage a business or complex investment portfolio
Beneficiaries are geographically dispersed, leading to communication breakdowns

What the court can do

Courts have the power to:

Order executors to provide proper accounts
Direct them to take specific actions
Remove and replace them with an independent professional

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.

Our expertise

We advise both:

Beneficiaries who suspect an executor is failing in their duties
Executors facing challenge who need to demonstrate compliance with their obligations

Our role is to:

Provide a clear assessment of whether the executor has acted properly
Identify options for resolving disputes efficiently
Protect the estate’s value and ensure compliance with legal obligations

Related Expertise

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.

Contact Us

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.