Dealing with a loved one’s estate is rarely straightforward, and it can be deeply distressing when the executor responsible for administering it fails to keep you informed. You might be receiving no updates at all, vague answers to straightforward questions, or outright refusals to share estate accounts. Whatever form it takes, being left in the dark as a beneficiary is not something you have to simply accept.
If you suspect an executor is withholding information, there are clear legal steps you can take, up to and including applying to the court to have the executor removed and replaced.
In this article, we walk through your rights as a beneficiary, the warning signs to look out for, and the process for removing an executor who won’t co-operate.
What are an executor’s duties regarding information?
An executor is the person appointed in a Will to administer a deceased person’s estate. That role comes with a range of legal duties, and keeping beneficiaries informed is one of the most fundamental.
Under the law of England and Wales, executors are required to:
- Notify beneficiaries of their entitlement under the estate
- Provide estate accounts that set out the assets, liabilities, and distribution of the estate
- Respond to reasonable requests for information within a reasonable timeframe
- Progress the administration of the estate without undue delay
These aren’t merely professional courtesies. They are legal obligations, and a failure to meet them can constitute a breach of an executor’s duty. If an executor is persistently unresponsive or withholding key information, beneficiaries have the right to take action through the courts.
Signs an executor may be withholding information
It isn’t always obvious at first that an executor is deliberately withholding information, as estates can take time to administer and some delays are to be expected. However, there are red flags that suggest something more serious may be happening:
- Repeated failure to respond to emails, letters, or phone calls
- Vague or inconsistent answers about the value or composition of the estate
- Unexplained delays in the administration process with no clear reason given
- Refusal to provide estate accounts despite repeated requests, or without reasonable excuse
- Evidence of a conflict of interest, for example, where the executor is also a beneficiary and stands to gain from delaying or concealing information
- No evidence that the executor has obtained a Grant of Probate (the legal authority granted by the court to deal with the estate) within a reasonable time
If you recognise any of these signs, it’s worth seeking legal advice sooner rather than later.
What to do before seeking removal
Before making a formal application to the court, there are some important steps to take first. Courts generally expect beneficiaries to have attempted to resolve matters informally before escalating, and documenting your efforts will strengthen your position if you do need to proceed.
You should:
- Put your requests for information in writing, whether by letter or email, so there’s a clear record
- Keep copies of all correspondence, including any responses received
- Set a reasonable deadline for the executor to respond and make this clear in your communications
- Consider instructing a solicitor to write a formal letter on your behalf, which often prompts a response where previous attempts have failed
If the executor continues to not engage, or the response you receive is unsatisfactory, it may be time to consider a more formal route. Our Wills and probate solicitors can advise you on the most appropriate next steps for your situation.
Grounds for removing an executor
The court has the power to remove and replace an executor, but it won’t do so lightly. You’ll need to demonstrate that removal is justified. Common grounds include:
- Breach of duty: The executor has failed to meet their legal obligations, such as not providing estate accounts or failing to progress the administration within a reasonable time.
- Conflict of interest: The executor has a personal interest that conflicts with their duty to administer the estate fairly and impartially.
- Misconduct or fraud: There is evidence of dishonest behaviour or misappropriation of estate assets.
- Persistent failure to communicate: A sustained refusal to respond to reasonable requests, despite formal correspondence from beneficiaries or their solicitors.
- Incapacity or absence: The executor is unable or unwilling to fulfil their role effectively.
Withholding information alone may not always be sufficient to guarantee removal, but combined with unexplained delay, inconsistency, or evidence of self-interest, it can form a compelling case.
How to apply to remove an executor
The primary legal route for removing an executor in England and Wales is an application under Section 50 of the Administration of Justice Act 1985. This allows the court to substitute or remove a personal representative (the legal term for an executor or administrator) where it is necessary or expedient to do so in the interests of the estate.
Applications are typically made to the High Court (Chancery Division) or, in some cases, a District Probate Registry. You’ll need to provide evidence in support of your application, which may include:
- Copies of written correspondence showing the executor’s failure to communicate
- A timeline of the administration and any unexplained delays
- Evidence of any financial irregularities or conflicts of interest
- Any professional valuations or estate documents you’ve been able to obtain
Your solicitor will help you to prepare the application, gather the necessary evidence, and represent you through the court process. Our contentious probate team has considerable experience in Section 50 applications and can guide you clearly through what to expect.
How long does removal take and what does it cost?
The honest answer is that it depends on the circumstances. If the executor does not contest the application, matters can sometimes be resolved within a few months. If the application is disputed, the process will take considerably longer and could extend to a year or more.
As for costs, court proceedings are never inexpensive. Legal fees will depend on the complexity of your case and whether the matter is contested. It’s worth knowing that, if an executor is found to have acted in breach of their duties, the court may order that their costs are met from their own pocket rather than from the estate.
We’d always recommend getting a clear picture of the likely costs at the outset, and our team will talk you through what to expect at your initial consultation.
What happens after an executor is removed?
Once the court grants an order removing the executor, a substitute will need to be appointed to continue the administration of the estate. This could be:
- Another person named in the Will as a substitute executor
- A professional executor, such as a solicitor or trust corporation
- A beneficiary, if the court considers this appropriate
The administration then continues under the new executor, who will be bound by the same duties as their predecessor. If the removed executor caused loss to the estate through their conduct, it may be possible to pursue a claim against them personally to recover those losses.
How can Roythornes help?
At Roythornes, we understand how frustrating and upsetting it can be when an executor fails to keep you informed about an estate that matters to you. Our contentious probate solicitors have extensive experience in supporting beneficiaries through executor disputes, from initial correspondence through to court applications where necessary.
We take a sensitive and practical approach to every case, listening carefully to your concerns and advising you clearly on your options. Whether you need help writing a formal letter to an executor, or you’re ready to pursue a Section 50 application, we’ll guide you through every step of the process.
Our team is recognised for expertise in Wills and probate matters, and we’re committed to protecting your interests and ensuring the estate is administered as your loved one intended.
Get in touch with our contentious probate solicitors today
If you’re concerned that an executor is withholding information or failing to meet their duties, please don’t hesitate to contact us. Our specialist team is ready to help you understand your options and take the right steps forward.
Call us or complete our enquiry form today. We have offices in Abingdon, Alconbury, Birmingham, Langham, Nottingham, or Spalding.