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Estate disputes

In certain situations, dissatisfied beneficiaries may wish to remove a trustee from their position or replace them with another. Alternatively, a trustee may simply wish to resign from their role.

David Chandra

Partner

Wills, Trusts and Probate

[email protected]

Dispute Resolution Specialists

Highly Experienced Team

Negotiating For You

Disputes between executors and beneficiaries can develop for many reasons – concerns about how assets are being distributed, allegations of delay or mismanagement, questions about the executor’s conduct or challenges to the Will itself.

Get In Touch

If you feel that you may require specialist legal advice in relation to a contentious trust, please contact us and a member of our team will get back to you.

What are the legal duties of an executor?

Executors must act in the best interests of the estate and all beneficiaries. This includes valuing estate assets correctly, paying debts, keeping accurate records, communicating with beneficiaries, and distributing the estate in accordance with the will. They must act honestly, reasonably and without favouring one beneficiary over another.

Can an executor be removed?

Yes. The Court has the power to remove an executor who is unwilling or unable to perform their duties properly. Removal may be appropriate if:

There is evidence of misconduct
The relationship between the executor and beneficiaries has broken down
The executor has become incapable of managing the estate
There is a clear conflict of interest affecting their decisions

Our team can advise whether removal is realistic in your case.

What if beneficiaries cannot agree with each other?

Disputes between multiple executors can cause significant delays. Mediation or legal guidance may help resolve disagreements. If the deadlock continues, it may be necessary for one or more executors to step down or for the court to remove or replace them.

I am an executor. What should I do if I am accused of wrongdoing?

Seek specialist advice immediately. It is important to take early advice on your legal duties especially as you could be faced with personal liabilities. We regularly advise on allegations of delay, mismanagement or conflict of interest, and can help protect your position.

Contact Us

Whether you are a beneficiary concerned about an executor’s conduct or an executor against whom allegations have been made, our Private Wealth Disputes team can provide clear strategic advice tailored to your situation. Call us on 020 8290 0333 or email [email protected]

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