Administration & Executor Disputes Solicitors in London, Birmingham and Northampton

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Managing an estate is a long and sometimes complicated process, so it’s not uncommon for disagreements to arise between personal representatives (executors and administrators) and the beneficiaries. Whether it’s a simple disagreement over administrative decisions or a serious conflict over dishonesty or improper behaviour, our experienced solicitors in London, Birmingham and Northampton will take swift action to reach a favourable outcome quickly.

We have been working with individuals to resolve contentious probate disputes since 2014 and we have an excellent success rate to support our expertise. Our team of trained mediators will do everything possible to resolve the dispute amicably and reach a mutually beneficial settlement, protecting you, as well as your time and your money. Where a peaceful resolution cannot be reached, we will defend your best interests in Court.

If you are involved in an administrator and executor dispute, take action today by calling our specialised teams in London, Birmingham and Northampton on 0300 303 2071 and benefitting from your initial, no-obligation consultation. You can also send us your query and more details about your case at info@witansolicitors.co.uk to discuss what we can do to help.

The Duties of the Executor/Administrator

The personal representatives have a duty to administer the assets of the deceased in a way that any debts that they had are repaid and that the rest of the estate is distributed to the beneficiaries either based on the Will of the deceased or on the Rules of Intestacy. The PRs are personally liable for any failure to fulfil these duties whether it’s intentional or not.  

Common Administration & Executor Disputes

As the administration process takes a long time and involves making financial decisions about the estate, conflict can arise between the personal representatives and beneficiaries, as well as between the PRs when there are multiple executors or administrators. Our team has successfully resolved many administration and executor disputes over the years regarding matters such as:

• Delays in the administration of the estate
• Disagreements over the valuation of assets
• Conflict over the sale of property
• Disagreement over investments on behalf of the estate
• Neglect leading to financial loss
• Personal gain by the PR at the expense of the beneficiaries
• Failure to administer the estate in accordance with the Will or the Rules of Intestacy

If you are concerned about the management of an estate, regardless of whether you are a co-executor or a beneficiary, you should seek legal advice immediately and take action to protect your assets.

How We Can Help 

Our contentious probate solicitors in London, Birmingham and Northampton regularly work with executors and beneficiaries to resolve a variety of executor disputes via mediation or through the Court system. From helping executors obtain information about assets from the beneficiaries to resolving conflicts related to obstructive or dishonest executors, we have experience in handling complex cases related to the administration of estates.  

Legal Action Against Executors & Administrators

When the cause of the administration or executor dispute is a breach of duty, then we could advise you of the legal actions you can take against the personal representative. We could help you make an application to the Court to:

• Remove the personal representative
• Overturn a transaction made on behalf of the state by the PR
• Force the PR to return any personal profits they have made at your expense 

All executors and administrators of an estate are personally liable if they have been found in breach of duty and they can be forced by the Court to repay any losses to the estate that they have caused.

Mediation Services

Our mediation services are designed to facilitate the peaceful resolution of administration and executor disputes amicably outside of Court. The personal representatives and the beneficiaries are often relatives or close friends of the deceased and conflicts between them can cause long-term damage to important family relationships. By facilitating the mediation process, we help reduce the tension and preserve those relationships where possible. Reaching a mutual agreement outside of Court also reduces the amount of money that is taken out of the estate to cover the ongoing legal costs.

Why Choose Witan Solicitors?

• 100+ Years of Combined Experience: When facing executor disputes, you can rely on a team with more than a century of experience in the field
• Established in 2014: Witan Solicitors have been helping individuals with administration & executor disputes for over a decade
• Legal 500 Recognised: Our Solicitors have been recognised in the Legal 500
• Industry Experts: Our experts work tirelessly to keep their knowledge up to date with the latest in the field of law so we are always ahead of the competition
• Multilingual Support: We can support you with legal advice in over 10 languages
• Contentious probate solicitors near you: We have offices in London, Birmingham and Northampton

To find out whether Witan Solicitors are the right litigation experts for you, book an initial, no-obligation consultation free of charge on 0300 303 2071 to discuss your disappointed beneficiary claim.

FAQ

What is a Personal Representative (PR)?

The legal ‘Personal Representatives’ of the deceased are the trustees and executors. Their role is to stay impartial and to ensure that the wishes of the deceased are carried out as intended by their Will. 

What are the most common causes of PR disputes?

The main causes for disputes involving executors and trustees include:

• The PR has not acted in the best interests of the estate
• Improper behaviour – one or more of the PRs have shown personal bias to their relationship with the beneficiaries
• The PR has acted dishonestly by providing you with misleading information, taking actions to prevent you from claiming your inheritance or has been dishonest when disclosing assets
• Failure by the Personal Representative to carry out the wishes of the deceased 
• Disagreements over the administration of the estate (i.e. investment decisions where compromise isn’t a viable option
• There’s a strong disagreement over the sale of a certain property or asset
• Renunciation of probate conflicts – where one executor wishes to renounce probate before it’s granted 
• Action to remove an executor over arguments 

Can I replace an executor?

You could apply to the Court to remove an executor and put you in their place instead. However, if you are unsuccessful, you may be liable for the legal costs on both sides, so it’s important to seek legal advice before you begin the process.

How long should it take for the executor to administer the estate?

The administration of an estate is usually done within 12 months but it could be longer for more complex estate structures. If you think that the personal representative in charge of the estate is intentionally slowing down the process to prevent you from getting your inheritance, you should consult with a specialist solicitor.