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Executor & Trustee Misconduct Disputes
Our talented solicitors help beneficiaries to remove executors who delay, fail to progress or act negligently or dishonestly when administering an estate.
Executors, trustees and personal representatives all have duties when dealing with the administration of an estate.
These include collecting in the estate assets, paying out any debts and ensuring that the net estate is distributed correctly to those entitled to it.
While this can be a long and complex process, executors and personal representatives are required to keep beneficiaries informed and ensure that the administration is progressed in a timely manner.
Executors and trustees can be chosen and named in a Will. If there is no Will, the person(s) entitled to apply for a Grant will be named as personal representative(s).
We regularly act for beneficiaries who have concerns or haven’t been provided with information about an estate. We can assist you in ensuring that an estate is handled properly and you receive what was intended for you.
Our solicitors also advise executors who are unsure about what is required of them and are facing criticism or a claim that they’ve failed in their duties.
Read our FAQs below to find out more about executor and trustee misconduct disputes, including what duties executors have and how you can remove an executor.
Contact our experts now by completing our contact form. A member of our team will get in touch with you to discuss your enquiry.
You can also call us on 0333 004 4488 or send us an email at inheritance@brabners.com.
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Client feedback
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Client feedback
“Thank you so much, Nicola [Turner]. Please know that you have made a huge difference to my son’s life and my own — and we are hugely grateful for all that you have done. This is truly the first time in over four years where I don’t feel like I am carrying a ton of lead weight with me everywhere. We can finally begin to live again.”
Will & inheritance disputes client
“Danielle Pawson is a thoughtful and capable practitioner, known for her attention to detail and empathetic approach in managing complex and sensitive matters. Clients immediately warm to her affable nature.”
Client feedback, Legal 500, 2027
“Nicola Turner's focus is always on achieving the best results for her clients… She is adept at combining empathy with professionalism. She gets the balance right, offering a service which combines the personal touch with the pragmatism required to get her client to where he or she needs to be. If I was ever to find myself embroiled in probate litigation, Nicola would be one of the people to whom I would turn.”
Mediator
“Where Nicola Turner scores particularly strongly is that her assessment of the merits and weaknesses of her cases is highly accurate. This allows her to deal with her cases in a very focused and efficient way which leads to good outcomes and a high degree of satisfaction from clients. Her direct and proactive manner leaves opponents in no doubt that she knows what she's doing, which is crucial in these types of disputes.”
Barrister
What can be done if an executor isn’t fulfilling their duties?
The executor of a Will must never put their own needs or wants above their legal obligations.
Beneficiaries have many options available if an executor is not carrying out their responsibilities. The appropriate route to take can depend on what the executor has (or hasn’t) done.
We deal with a wide variety of complaints. Examples of executor misconduct might include instances where they're:
- failing to communicate
- taking no action to administer the estate
- failing to progress the administration in a prompt manner
- keeping estate assets
- occupying or allowing others to occupy a property owned by the estate
- acting against the interests of beneficiaries.
An executor can be compelled to provide information to the beneficiaries of the estate. This often has the effect of encouraging them to finalise and distribute an estate. In other cases, disputes can be resolved by removing the executor from their role and replacing them with a more suitable person.
We specialise in ensuring that the right action is taken to address any potential executor misconduct. Our contentious probate team can advise on exactly what’s needed and help you to gather and present the required evidence.
Experienced executor misconduct specialists
Our team is led by “talented litigator” Nicola Turner — a full member of the Association of Contentious Trust and Probate Solicitors held in high regard by fellow professionals and The Legal 500. She’s described by a fellow legal professional as someone “whose judgement sets her apart” and has been instructed to represent barristers and partners in other law firms in their personal capacities.
Our team also includes widely-recognised 'Associate to Watch' Danielle Pawson, Solicitor Georgina Vokes and Paralegal Lucy Baines.
Our team was proud to win Dispute Resolution Firm of the Year at The Legal 500 Northern Powerhouse Awards 2026.
Case Highlights
Executor dispute
Acting for an executor who was one of two residuary beneficiaries of his late father’s estate with a value of half a million pounds. The administration was complicated as the main property asset had been occupied by the opponent claimant (beneficiary) with various allegations of wrongdoing and a dispute regarding whether monies given by the deceased to the client were gifts or loans that were still repayable. At the first hearing, the court agreed that an independent administrator should be appointed — and due to our strategic advice and position adopted on behalf of our client, an order for costs was obtained such over 83% of the costs he had incurred were recovered.
Executor dispute
Representing the widow of a retired solicitor who died in 2016, leaving an estate worth almost £8m. The assets include various investments based internationally. We pursued an application for an account and inquiry and in the alternative to remove the professional executor.
Executor misconduct
Representing the son of the deceased in a claim intimated by a beneficiary of the deceased’s estate for breach of duty as personal representative in relation to property being sold at an undervalue.
Executor conduct & removal
Representing the daughter beneficiary of the estate of her late father. The deceased held a property as tenants in common with his wife, with provision for a right of occupation following his death. The wife is in full-time residential care and the right of occupancy has therefore come to an end. The beneficiary intends for the property to be sold in order to realise her interest. The executor has permitted a third party to rent the property (despite having no legal standing to do so) at a significant undervalue and taken no steps to market the property or administer the estate.
FAQs
Working with us
We act for a wide range of individuals, including high-net worth and ultra-high-net-worth families in relation to estates across the North West and wider England and Wales.
We understand that our clients need both legal and practical advice, as well as close support they can rely on — especially in emotional disputes that involve other family members.
We’ll support you at every step of the process during your misconduct dispute, fighting your corner and aiming to achieve the best possible outcome.
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