Administering an estate should be a reasonably civilised process. The deceased has, after all, been kind enough to leave behind a guide — a Will — or, if not, the law of intestacy steps in. But what happens when that process gets derailed by feuding executors, unclear intentions, or one executor who’s gone full Bond villain?
What if executors just don’t get along?
When two or more executors are appointed, they are jointly responsible for administering the estate. This requires cooperation, communication and, ideally, not moving into the deceased’s property without telling the others. Unfortunately, tensions often surface—particularly when there’s an existing family rift or, for instance, one executor harbors strong personal dislike toward another.
If relations break down to the point of paralysis — for example, if one executor refuses to act, or another starts taking unilateral steps — the court can step in. An application can be made to remove or substitute an executor, but this requires careful handling. The Probate Registry and courts won’t act lightly — they’ll expect evidence that the executor is unable or unwilling to perform their duties, or that their actions (or inactions) are harming the estate.
Can an executor be removed after the grant of probate?
Yes, but it’s a high bar. If one executor is withholding information, taking money out of the estate early (e.g. repaying a “loan” that never had formal terms), or simply not administering the estate, they can be removed by court order. This is especially critical where one executor goes rogue and the estate is significant in value — and unfortunately, estates are getting larger these days.
What about poorly drafted wills?
An unclear will can spark delays, arguments, and – in the worst cases – litigation. If the will is ambiguous or appears not to reflect the testator’s intentions, Rectification may be sought. But again, this adds time and cost. Worse, if the will doesn’t deal with certain assets (such as a house owned jointly but also mentioned in the will), executors may disagree on how it should be handled.
What if there’s no will at all?
Welcome to the world of intestacy. Here, the law decides who inherits — and, crucially, who’s entitled to administer the estate.
Things can get sticky when the deceased had no spouse or children. Suddenly, nephews and nieces are in the spotlight, and they may not agree on who should apply for the grant. This often leads to a mini-battle at the Probate Registry. The Registry has become more flexible and will now entertain applications from other family members if the presumed administrator is being uncooperative. If several relatives support a different candidate, they can apply for a summons for directions — essentially asking the court to make a call on who should take the reins.
What if the executor is dragging their feet?
Executors start their duties from the date of death — not from the date of the grant. So if an executor is not applying for probate, beneficiaries (or others with an interest) can issue a citation to accept or refuse the grant. This forces the executor to either apply or formally decline. If they ignore it, the next person in line can apply instead.
This is often the polite (but firm) nudge needed to move things along — especially when there’s a valuable property to sell and time is, quite literally, money.
What is a limited grant (or grant ad colligenda bona)?
If the estate needs urgent action — like recovering possession of a property — and no one is administering it, you can apply for a limited grant. This doesn’t allow full administration but does empower you to take essential steps. You’ll need to show the Probate Registry why you’re the best person to handle it and notify any other potential PRs or executors.
What’s the IPFDA, and how does it relate to these disputes?
The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people (spouses, cohabitants, children, financial dependants) to claim that the will or intestacy rules haven’t made reasonable provision for them. These claims can arise during the estate administration — often complicating matters, especially where executors are also beneficiaries.
Prudent executors should pause before distributing assets if a potential IPFDA claim is on the horizon — and they should seek legal advice early. The cost of getting it wrong can be significant.
What if someone challenges the will itself?
That’s where caveats come in. A caveat prevents the grant of probate from being issued and is often used where there are concerns about the will’s validity — say, suspicion of undue influence, fraud, or lack of capacity.
Anyone with an interest in the estate can enter a caveat, which lasts six months (and can be extended). If challenged, the caveat can be warned off, requiring the caveator to appear and justify their caveat or issue proceedings. This is where strategic thinking is key. Sometimes caveats are used as bargaining chips; other times, they’re entirely justified.
Can you challenge a will even after probate is granted?
Technically, yes. There’s no time limit for challenging the validity of a will, though in practice, things become more difficult once a grant has been issued. Before the grant, a caveat can be used to put everything on pause. After the grant, however, executors are under no obligation to engage and need only respond to reasonable enquiries unless formal proceedings are issued — which puts challengers firmly on the back foot. That’s why it’s crucial to act early, and with solid evidence. Accessing the will preparation file can be key; reputable solicitors will keep clear records of the testator’s instructions and capacity. Yet another reason to avoid DIY wills or the bargain-bin end of the will-writing market.
Where there are two executors who are also trustees, it’s not uncommon for one to quietly get on with things while the other fades into the background — whether out of trust, indifference, or family politics. But this “silent partner” arrangement is risky. Executors are jointly and severally liable, meaning one can end up carrying the can for the other’s mistakes (or deliberate mischief). There’s no “I’ll leave it to you” clause once you’ve intermeddled with the estate — that is, taken steps that suggest you’ve accepted the role. Once you’re in, you’re in.
What about joint accounts?
These can cause mischief. Just because an account is in joint names doesn’t mean the surviving joint holder is automatically entitled to the funds. Where the joint account was set up for convenience — e.g., a neighbour helping an elderly person with shopping — the surviving person may have no legal right to keep the money. Executors should investigate carefully and consider whether that money forms part of the estate.
Can banks just pay out funds to the wrong person?
Some banks will release up to £100,000 with an indemnity and no grant. This can be a problem when someone else then obtains a grant and the funds have already flown the nest. In such cases, the bank may still be liable.
Final thoughts
Estate administration is rarely straightforward — not because it’s inherently complex, but because human relationships are. Add money, grief, and a few eccentric family dynamics, and you’ve got a recipe for disputes.
Our advice? If you’re appointing executors, think carefully. Choose people who can work together — or if in doubt, appoint a professional. And if you’re caught in a dispute or being frozen out, don’t sit quietly and hope for the best. There’s usually a way through it — and we’re happy to help you find it.
After all, the last thing the deceased probably wanted was World War Three in the living room.
Speak with One of Our Experts
We assist clients at every stage of contentious probate issues — whether that means applying to court under the Part 64 procedure rules, making or defending applications to remove executors, issuing citations, or stepping in where estate administration has ground to a halt. We also help negotiate between feuding parties, identify tactical routes to resolution, and make well-judged settlement offers where appropriate. Crucially, we can correspond with the will writer to obtain the will preparation file and investigate the circumstances surrounding its drafting — something that can make all the difference in a dispute.
Our Private Client team is highly experienced in resolving disputes that arise during the administration of estates. Whether you’re dealing with an uncooperative executor, unclear terms in a will, or concerns over inheritance, we’re here to help you navigate the complexities — with tact, clarity, and strategic focus.
We can assist with:
- Removing executors who are unwilling or unfit to act
- Resolving conflicts between co-executors or beneficiaries
- Challenging or defending the validity of a will
- Advising on Inheritance Act claims (IPFDA)
- Navigating disputes over intestacy and entitlement
- Taking action when estate administration is delayed or mishandled
- Advising on caveats, citations, and limited grants
- Protecting your interest in estate property or funds
Contact us at Lewis Nedas – we know the terrain and we don’t shy away from the tough conversations.
📞 Contact Rose Varsani on 0207 387 2032
📧 Or email pvarsani@lewisnedas.co.uk
Disclaimer:
This blog is for general information and interest only. It does not provide legal advice and should not be relied upon as such. If you’d like tailored legal guidance, please contact us directly.