Estate Administration Disputes

The role of an executor is to administer a deceased person’s estate. At all times an executor must act in the best interests of the estate (and its beneficiaries). Their role includes the following:

• Registering the death and arranging the funeral
• Valuing the estate 
• Reporting all relevant information to HMRC and paying inheritance tax
• Applying for a Grant of Probate
• Collecting in the deceased’s assets, having them valued and keeping accurate estate accounts
• Paying any outstanding debts & liabilities of the deceased
• Distributing the estate amongst the beneficiaries

If an executor misapplies estate funds (or fails to pay the correct amount of tax due), they may be personally liable for any financial shortfalls.

Beneficiaries technically only have legal rights over their inheritance once the estate has been distributed. They do however have a right to information before then, to enable them to keep up to date with how the estate administration is progressing.

Executors must also keep accounts of the estate as residuary beneficiaries are entitled to see these upon request. Other types of beneficiaries (for example those that have been left a specific asset or sum of money) do not generally have the right to see full estate accounts, although there are exceptions to this.  

It is a common misconception that beneficiaries are entitled to see a copy of the Deceased’s will. Only once the Grant of Probate is issued does the will become a public document. Before then the executor has discretion as to whether to disclose it to the beneficiaries or not.

You can obtain a copy of the grant by using the Government’s online search tool, or by completing Form PA1S. If probate has been granted, you will be provided with a copy of the grant and the will (if there is one).If the grant of probate has not yet been issued, you can lodge a "standing search" with the Probate Registry. This is also done by Form PA1S. A standing search will remain in place for six months (it can be renewed if needed) and should a grant of probate be issued during that period, you will be sent a copy. 

You can prevent a grant of probate by lodging a caveat at the Probate Registry. Once a caveat is in place, the executor will not be able to administer the estate until it has been removed. It will remain in place for six months and it can be renewed if needed.

For more information on caveats, see our Caveat Factsheet.

If an executor refuses to provide estate accounts, or if they provide incomplete accounts, an application can be made to the Probate Registry or the Court for an order that the executor provides an “inventory and account” pursuant to Section 25 of the Administration of Estates Act 1925. Although the Probate Registry and the Court have a discretion as to whether to grant such an application, the circumstances in which the court will not grant such a request are very limited.

If the executor is being slow or failing to administer the estate, you may be able to apply to the Probate Registry for a “citation” to compel the executor to take action or to step aside and allow someone else to administer the estate instead.

It may not be appropriate to issue a citation if you do not want the executor to act - there may be good reasons for suspecting that the executor may continue to delay the administration or may cause loss to the estate. In such circumstances, it may be more appropriate to apply to remove the executor altogether.