What can I do if an executor is not keeping me informed, or I suspect the estate is not being administered properly?

What can I do if an executor is not keeping me informed, or I suspect the estate is not being administered properly?

As more and more lay executors choose to obtain probate without professional assistance, beneficiaries are becoming increasingly concerned that the appointed executors are not administering the estate properly. A particular frustration is that there is no obligation on executors to disclose information until the end of the process when estate accounts are drawn up. As with any probate dispute, if an executor is not keeping you informed or you suspect the estate is not being properly administered, the starting point is to secure relevant information.

The best way to obtain information is to use a court action to request an inventory and account. This request can be made at any date after the grant has been issued. This relatively cheap court action forces an executor to disclose information and documents, such as bank statements, to reveal the extent of the estate of the deceased. It is particularly helpful where:

1. The executors are failing to keep the beneficiaries informed
2. There is concern that the executors are not acting in good faith and may be securing assets for their own benefits
3. To force former executors to reveal details of the extent of an estate which was administered years ago

The advantages of this process rather than any other, such as the removal of an executor, are as follows:

1. It is a relatively low risk application and clearly defined which means there are few downsides and less stress for the client
2. It obtains information which can provide a springboard for further steps to be taken against difficult executors
3. As the application is short, you do not have to wait as long to go before a Judge
4. At the same time as making the request, you can ask for an order for costs. This enables the registrar to assess costs there and then and avoid the taxing fee which would otherwise be payable

The effect of an order for account and inventory is to demand that the executors swear an affidavit setting out the following:

1. A full list of the estate’s assets and their values at the date of death
2. An account as to the steps they have taken in the administration of the estate

Once the relevant information has been collected, we can start to piece together other circumstances to determine whether the estate is being administered properly and take the necessary steps to protect the interests of beneficiaries.

Contact us

If you need support when resolving a dispute, contact Katie McClean with our Dispute Resolution team, via e. KatieMcClean@rixandkay.co.uk or t. 01273 766 917