In this week’s look at executor disputes, Nicola K Smith offers advice on identifying a maladministered estate and explains how to get things back on track.
Most people assume that if someone’s named as an executor, they’ll do the job properly. But that’s not always what happens in practice.
Sometimes, executors go silent. Sometimes they go rogue distributing assets too soon, refusing to engage with beneficiaries, or worse, helping themselves to the estate.
If you’re worried about how an estate is being handled, you’re not powerless. Here’s how to spot maladministration, and what you can do to put things right.
What does maladministration look like?
Executors have legal duties to:
- Collect in the estate assets.
- Pay debts and taxes.
- Distribute in accordance with the Will or intestacy rules.
- Keep proper records and act in the estate’s best interests.
When they fail to do this, the estate and those entitled to it are at risk.
Common red flags include:
- Delays with no explanation.
- Lack of communication.
- Missing funds or incomplete accounts.
- Assets sold below market value.
- Preferential treatment of one beneficiary.
- Acting without consulting co-executors.
Can you remove an executor?
Yes, but only in specific circumstances. If an executor is breaching their duties or causing serious harm to the estate, you can apply to court to have them removed.
This is typically done via a Section 50 Administration of Justice Act 1985 application – asking the court to remove and (optionally) replace them.
But bear in mind:
- The court won’t remove someone just for being slow or difficult.
- There must be clear evidence of misconduct, conflict, or breakdown of trust.
- The application should be a last resort, after exploring alternatives.
Real-life snapshot
We were recently approached by a beneficiary who’d been waiting nearly three years for progress on their mother’s estate. The executor, a sibling, had never provided a full inventory of assets and wasn’t responding to requests.
After multiple failed attempts at resolution, we issued a Section 50 application and obtained an order appointing an independent solicitor/executor to take over. The estate is now being properly administered, but it could have been avoided with earlier advice.
Prevention is better than cure
Where possible, prevent these issues at the planning stage:
- Choose executors who are capable, available, and trusted.
- Consider appointing a professional executor for complex or high-risk estates.
- Leave a clear letter of wishes and outline expectations.
Final word
Executor disputes are stressful and, unfortunately, all too common. But you don’t have to tolerate poor behaviour.
If you suspect maladministration, seek specialist advice early: acting quickly can be the difference between protecting the estate and watching it unravel. Maladministration often straddles both contentious and non-contentious practice, and it can emerge long after a Will has been drafted.
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.
