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Executor Disputes
Mary Butler

Mary Butler
Senior Partner | Head of Contentious Probate and Trusts

Meet The Team

Being named as an Executor of someone's will or being appointed as an administrator of an estate may be a privilege but it also comes with strict responsibilities. Executors owe duties to the Court and to the beneficiaries to carry out the administration in accordance with the terms of the will or under the law of intestacy. They must also account fully to any creditors of a deceased's estate and to HMRC for any inheritance tax, capital gains tax or income tax due.

Disagreements can arise between Executors as to the best course of action. Sometimes difficulties in the relationships between two or more Executors, or between Executors and beneficiaries, can get in the way. Where Executors are also beneficiaries of the estate their interests may conflict with those of other beneficiaries. Otherwise beneficiaries may become unhappy about the Executor’s decisions or delays in the administration of the estate or do not approve the final accounts prepared by the Executors.

Our Will, Estate and Trust Disputes team are specialists in Executor disputes and can help in the following ways:-

  • Advising Executors or beneficiaries about the legal duties involved in being a personal representative of a deceased’s estate and the rights of beneficiaries
  • Representing Executors or beneficiaries with a view to overcoming disagreements, difficulties or delays to promote the effective administration of the estate
  • Applying to Court on behalf of Executors or beneficiaries for a Judge to make a range of decisions about the administration of an estate, including:-
  1. the valuation or sale of estate assets
  2. whether the Executors should use estate funds to pursue or defend claims against third parties on behalf of the estate (known as Beddoes orders)
  3. for the approval or examination of the accounts produced by the Executors
  • Acting for Executors or beneficiaries in connection with claims that an Executor has breached his duties or is in a conflict of interest position, including claims for damages (i.e. compensation for any loss to the estate) and/or for the removal of the Executor under the Administration of Justice Act 1985

Our experienced Will, Estate and Trust Disputes team will guide you through the process of an Executor dispute from start to finish, with a common sense approach tailored to your specific circumstances.

Bell & Buxton can also assist where disputes arise following the administration of an estate where the Executors are also appointed as ongoing Trustees of the assets. See our Trust Disputes page for further information

What our clients say
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  • "We were all highly satisfied with the service we were given and John Breeze was excellent in all the dealings and explanations."

    - Mr Richardson

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  • "John Breeze is very approachable and professional. I was kept well-informed with regular updates and clear explanations as my case progressed. I cannot adequately express my gratitude to him for guiding me through each step of the legal process...I would not hesitate to approach Bell & Buxton should I require legal advice again."

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