Being asked to act as an executor is often seen as an honour. Many people accept the role without hesitation, assuming it involves little more than administration and common sense.
In reality, acting as an executor in England carries legal responsibility and personal risk. This is particularly true where emotions are high or family relationships are strained. A significant number of disputes arise not because an executor has acted badly, but because they were unaware of their duties or missed early warning signs of conflict.
This article explains where things can go wrong, why executors are often more exposed than they realise, and how early legal advice can protect both the estate and the executor personally.
Why executors are more exposed than they expect
The role of an executor is a legal one. Once appointed, an executor owes duties to the estate and to its beneficiaries, regardless of personal relationships or intentions.
At its core, this means the executor must act in accordance with the will and the law, remain neutral between beneficiaries, protect estate assets, keep proper records, and avoid conflicts of interest. These duties apply even where the executor is a close family member or also a beneficiary.
Crucially, executors can be held personally liable if they get things wrong. This often comes as a surprise to lay executors who believed they were simply helping a loved one.
The risk of challenge increases where there are second marriages or blended families, strained relationships between beneficiaries, disappointed expectations under the will, or where the will itself is unclear or out of date. In such cases, even sensible decisions can be questioned.
Common executor mistakes that lead to disputes
Distributing the estate too early
One of the most serious mistakes an executor can make is distributing assets before it is safe to do so. If a claim is later brought against the estate, such as a will challenge or a claim under the Inheritance (Provision for Family and Dependants) Act 1975, the executor may be personally responsible for recovering funds that have already been paid out.
This risk is heightened where family tensions are already apparent, a beneficiary has raised concerns or objections, or the will represents a sudden or unexpected change. Pausing distributions and taking advice early can often prevent costly consequences.
Failing to remain neutral
Executors are often close family members, which can make neutrality difficult, but no less essential. Difficulties arise where an executor appears to take sides, shares information selectively, or prioritises their own position as a beneficiary over their duties as executor.
Even the appearance of bias can be enough to trigger complaints or applications to remove an executor, regardless of intention.
Poor communication with beneficiaries
Lack of communication is one of the quickest ways to turn a manageable estate into a dispute. Problems commonly arise where correspondence goes unanswered, information is withheld, or there are unexplained delays.
While executors are not required to provide constant updates, reasonable transparency and clear explanations can prevent suspicion and mistrust from taking hold.
Ignoring early warning signs
Executors often hope tensions will resolve themselves. In practice, delay can make matters worse. Early indicators of dispute can include threats to challenge the will, requests for medical records or solicitor files, allegations of undue influence, or accusations of mishandling estate assets. Once these issues surface, independent legal advice should be considered promptly.
Continuing despite a conflict of interest
An executor who is also a beneficiary is not automatically prevented from acting. Problems arise where personal interests begin to conflict with executor duties, such as where the executor benefits under a disputed will, faces allegations of influencing the deceased, or refuses to engage in settlement discussions. In some cases, stepping aside or appointing a neutral professional can protect both the estate and the executor.
When does a probate dispute become likely?
Not every disagreement leads to litigation, but certain factors significantly increase the risk. Examples include wills that differ sharply from earlier versions, estranged or excluded children, second spouses inheriting the entire estate, informal promises made during the deceased’s lifetime, and homemade or poorly drafted wills.
In these situations, executors are often caught in the middle, facing pressure from one side and criticism from another.
How legal advice protects executors
Seeking legal advice does not mean escalating matters or losing control. In many cases, it does the opposite.
Early advice can help an executor to:
- Understand their duties and personal exposure
- Respond appropriately to threats or allegations
- Pause distributions safely
- Communicate in a way that reduces conflict
- Explore mediation or settlement
- Apply to court for directions where needed
Importantly, acting on professional advice is strong evidence that an executor has behaved reasonably if their conduct is later scrutinised.
Can an executor be removed?
Yes. Beneficiaries can apply to remove an executor where there has been mismanagement of the estate, a conflict of interest, a breakdown in trust, or a failure to progress the administration. Removal is not automatic, but the risk alone can be highly stressful for an executor who accepted the role in good faith.
A reassuring note for executors
Most executors are not doing anything wrong. They are navigating a complex legal role during a period of grief, often without guidance.
Taking advice early:
- Is not an admission of failure
- Does not mean a dispute is inevitable
- Often prevents matters from escalating
In many cases, a short discussion can avoid months or years of difficulty.
Final thoughts
Agreeing to act as an executor is a serious responsibility and one that should not be underestimated. Where estates involve family tension, second marriages or disappointed beneficiaries, the risks increase sharply.
If you are acting as an executor and concerns are starting to emerge, it is usually better to seek advice sooner rather than later.
Our team can help guide you through your duties and responsibilities. If a matter is becoming contentious or disputes are emerging, early advice can help protect both you and the estate.
If you would like to speak to someone, please contact Claire Binyon for non-contentious probate advice, or Stephen Bottomley where a dispute may be developing.
About the Author
Stephen Bottomley
Partner
Tel: 07353 003570