In the first of an eight-part series exploring executor disputes, Nicola K Smith, senior associate with the Contentious Trusts and Probate team at Forbes Solicitors, sets out when and how a Beddoe application could be useful in a claim brought against an estate.
Sometimes the biggest threat to an estate doesn’t come from within the family – it comes from the outside. Claims brought against the estate, or by the estate against others, require executors to step into a legal role they may not be ready for.
And when executors are uncertain, it’s not just the outcome that’s at risk it’s their own finances too.
Here’s what practitioners and executors need to know about navigating litigation and protecting themselves.
What kinds of claims arise?
Executors may need to:
- Defend claims against the estate (e.g. Inheritance Act claims, disputes over ownership).
- Pursue claims on behalf of the estate (e.g. recovering loans, setting aside transfers made under duress).
- Respond to allegations of fraud or undue influence.
- Defend or explain the validity of a Will.
These aren’t simple admin tasks – they’re legal minefields.
What’s a Beddoe application?
A Beddoe application is a legal process where an executor applies to the court for permission to pursue or defend legal proceedings on behalf of the estate and confirmation that their legal costs can be covered from estate funds.
This protects the executor personally and gives court oversight of the proposed steps.
Without a Beddoe order, executors may risk having to pay costs themselves if the case fails.
Why executors need specialist advice
Many executors don’t realise that they:
- Must act in the best interests of all beneficiaries.
- Must take independent advice before pursuing risky litigation.
- Can’t use estate funds freely to pursue personal agendas.
This is where disputes escalate and when professional intervention becomes vital.
Real-life snapshot
We acted for an executor who was certain their late father had been financially abused before death. Large cash transfers had been made to a neighbour in the final months of life, with no record of explanation.
The executor wanted to recover the funds but the legal costs were high, and other beneficiaries objected. We advised on and obtained a Beddoe order from the court, giving permission to issue proceedings and use estate funds. The case ultimately settled successfully, with the majority of funds returned.
Without that protective order, the executor would have faced enormous personal risk.
When to consider a Beddoe application
When beneficiaries are in disagreement.
When there is significant risk to estate value.
When defending complex third-party claims.
When the estate is being used to fund litigation involving beneficiaries.
Final word
Executors must tread carefully when disputes involve people outside the estate. Without legal protection, good intentions can turn into personal liability.
If in doubt – pause, get advice and consider a Beddoe application. The court would rather guide you than clean up the mess later. I welcome the chance to connect with colleagues, share insights and discuss strategies to help clients navigate these complex situations safely and effectively.
About the author
Nicola K Smith is a senior associate in the specialist Contentious Trusts, Probate and Court of Protection team at Forbes Solicitors, based in Manchester. With over 12 years of litigation experience, she now focuses exclusively on disputes involving the administration of estates, trusts and the affairs of vulnerable individuals.
