My Executor is Ignoring Me: Your 5 Legal Options for Removing a Problem Executor

My Executor is Ignoring Me: Your 5 Legal Options for Removing a Problem Executor 

Dealing with the loss of a loved one is hard enough. When you add the stress of an executor who is ignoring your calls, refusing to provide estate accounts, or simply dragging their feet, the entire probate process can feel like a nightmare.

This is more than just a frustrating delay—it is often a breach of the executor’s legal duty.

At Human Law, we work daily with beneficiaries who feel powerless and unsure of their rights. We understand that delay can have real financial consequences. The good news is that you have legal options to take back control.

This article outlines the key legal duties an executor must fulfill and provides five clear, actionable steps you can take to challenge their conduct, compel them to act, or ultimately apply to the court for their removal.

What is an Executor’s Legal Duty?

Every executor is appointed to carry out the wishes of the deceased, but this role comes with significant legal obligations. These duties are not optional—they are fiduciary duties, meaning the executor must act with the utmost honesty, loyalty, and in the best interests of the estate and the beneficiaries.

The Three Core Fiduciary Duties

The complaints we receive at Human Law almost always stem from the breach of one of these three fundamental duties:

1. Duty to Gather and Protect Assets: The executor must locate, secure, and value all the deceased's assets, including property, bank accounts, investments, and personal possessions. They must also protect these assets by ensuring insurance is maintained and that properties are secured and not falling into disrepair.  

2. Duty to Settle Debts and Taxes: Before any beneficiary receives a penny, the executor must pay all estate debts, funeral expenses, and all taxes due (including Inheritance Tax and any outstanding Income Tax).

3, Duty to Distribute and Account: The executor must distribute the remaining estate strictly in accordance with the Will. Crucially, they must keep clear, accurate records (Estate Accounts) of every transaction and be prepared to show these accounts to the beneficiaries upon request.

The Executor’s Year: Understanding Reasonable Delay

A common source of conflict is the pace of the administration. Many people wonder: "How long is too long?"

The law recognises a period known as the "Executor's Year" (12 months from the date of death).

The Executor’s Year is the accepted timeframe allowed to an executor to gather all information, pay debts, and ensure no claims exist before they are obliged to distribute the estate.

During this Year: The executor is generally protected from beneficiaries demanding payment. It is a period for due diligence.  

After this Year: While many complex estates legitimately take longer, the executor must provide reasonable justification for any delay. If the estate is simple and the executor has passed the 12-month mark with no communication or clear progress, this strongly suggests a breach of duty.

When Does a Failure to Act Become a Breach of Duty?

An executor is given reasonable leeway, especially if they are a layperson (a family member, not a professional). However, even an honest mistake that causes financial loss can lead to personal liability.

The following actions are clear indicators that a failure to act has escalated into an actionable breach of duty:

• Unreasonable Delays: Failing to apply for the Grant of Probate or administer the estate without a justifiable reason (e.g., complexity of assets).

• Conflict of Interest / Self-Dealing: Selling estate property to themselves or a family member at an undervalue, or using estate funds for personal benefit.

• Refusal to Account: Failing to provide beneficiaries with requested Estate Accounts or information on the estate’s progress.

• Mismanagement of Assets: Allowing a property to stand uninsured, causing it to deteriorate, or failing to collect a debt owed to the estate.

If you suspect your executor is crossing the line from reasonable delay into misconduct, it is essential to seek specialist advice immediately, as the executor can be held personally liable for any losses they cause the estate.

Your 5 Legal Options to Challenge a Problem Executor

If the executor has passed the "Executor's Year" or is clearly breaching their fiduciary duties, you must take formal action. The steps below are presented in a logical order, moving from non-confrontational requests to the most serious court applications.

Step 1: Formal Request for Estate Accounts and Information The first step must be a formal, written request (ideally via a solicitor) to the executor demanding they comply with their duty to account.

The Goal: To establish a clear, documented paper trail of the executor's non-compliance and secure necessary documents.

What to Request: A full set of Estate Accounts (detailing all income and expenditure). A clear Timeline for the remaining administration and distribution. Copies of the Grant of Probate (if issued) and the deceased's Will.  

The Legal Weight: Failure to respond or provide satisfactory accounts in a timely manner is the first piece of compelling evidence you will use if the matter proceeds to court.  

Step 2: Issuing a Caveat (If No Grant of Probate Has Been Issued) If the executor is refusing to move forward with the estate administration, you have a powerful tool to halt the process entirely until the issues are resolved.

• The Goal: To formally prevent the Grant of Probate from being issued by the Probate Registry.
• How it Works: A caveat is an entry made at the Probate Registry that effectively places a hold on the estate. This is a crucial strategic step to stop an inactive executor from suddenly trying to expedite the process without involving you.
• Critical Note: A caveat is a temporary measure and must be followed up with further legal action (a Warning) to keep it in force, or the executor may apply to have it removed.  

Step 3: The Pre-Action Protocol Letter (The Final Opportunity) Before making any expensive court application, you are legally required to demonstrate that you have tried to resolve the dispute out of court. This is done through a solicitor's formal letter of claim, following the spirit of the ACTAPS Code (Association of Contentious Trust and Probate Specialists).

• The Goal: To formally demand specific remedies and lay the groundwork for any future court costs claim.
• What the Letter Does: It details the specific breaches of duty (e.g., undue delay, failure to account), demands the executor rectify the situation (e.g., resign, or provide accounts within 14 days), and advises the executor that court proceedings will be issued if they fail to comply.
• Cost Implication: If the executor receives this letter from Human Law and continues to ignore their duties, they significantly increase the risk of the court later ordering them to pay your legal costs.

Step 4: Applying to Court to Compel Action (Section 50 AJA 1985) 

If the executor refuses to respond to the formal demand (Step 3), the court can be asked to intervene to force them to perform their duties.

• The Goal: To get a Court Order demanding the executor takes immediate, specific action (e.g., "sell the house by X date" or "provide full accounts by Y date").
• The Legislation: This application is generally made to the High Court under Section 50 of the Administration of Justice Act 1985.
• Strategic Advantage: This is often a powerful enough move to persuade the executor to either comply or, more often, to agree to resign to avoid the cost and stress of litigation.

Step 5: High Court Application for Removal and Substitution This is the nuclear option, reserved for the most serious cases involving gross misconduct, incapacity, or complete breakdown of trust.

• The Goal: To terminate the executor's appointment and appoint a replacement, usually an independent professional administrator.
• The Legal Test: The court will not remove an executor simply because there is ill-feeling or minor disagreement. The court's overriding concern is the welfare of the beneficiaries and whether the executor's continued involvement will impede the proper administration of the estate.
• Grounds for Removal: You must demonstrate clear and compelling evidence of:

               i) Serious Misconduct: Stealing, wasting assets, or conflict of interest.

               ii) Incapacity: Physical or mental inability to perform the role

              iii) Deadlock/Hostility: Where relations have broken down so completely that the estate  cannot be administered fairly (as established in relevant case law)

Crucial Note on Costs: If your application for removal (Step 5) is successful due to the executor's proven misconduct, the court may order the executor to pay the legal costs of the application personally, rather than having them paid from the estate. This is a strong deterrent.