An executor is the person appointed by a testator (the person who made the will) to carry out their wishes after death. This role is vital to the administration of an estate and comes with clear legal responsibilities.
However, when an executor does not follow the instructions set out in a will, it can lead to delays, disputes, and legal action. Below, we explain what happens if an executor fails to follow a will in the UK and what beneficiaries can do to protect their interests.
Executors owe a fiduciary duty to the estate and its beneficiaries. This means they must:
If an executor fails to meet these obligations, they may be in breach of their duties.
An executor may be considered in breach of duty if they:
A breach of duty can result in serious legal consequences.
Executors who fail to follow a will may be held personally liable for any losses caused to the estate or beneficiaries. The court has the power to:
These consequences are designed to ensure estates are administered fairly and lawfully.
Yes. Beneficiaries and other interested parties have the right to challenge an executor’s actions if they believe the will is not being followed.
This may involve applying to the court to:
Acting early can help prevent further loss or delay.
Executors are required to keep clear and accurate records of how the estate is managed. This includes:
If concerns arise, beneficiaries can request a full executor’s account to ensure transparency and accountability.
If you believe an executor is not following the will or is acting improperly, it is advisable to seek legal advice from a solicitor experienced in probate and inheritance disputes.
A specialist solicitor can:
Our team has extensive experience dealing with inheritance disputes and executor misconduct.
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