What to Do If an Executor Refuses to Distribute an Estate

An executor is under a legal duty to administer the estate and distribute the assets to the beneficiaries within a reasonable time. The commonly cited rule is that an executor should complete the administration within a year of the death, sometimes called the executor's year. If an executor is failing to act, delaying unreasonably, or refusing to distribute altogether, beneficiaries have legal options.

What Is the Executor's Duty?

An executor's duties include obtaining the grant of probate, collecting and protecting the estate's assets, paying the deceased's debts, filing and paying any inheritance tax, and distributing the remaining assets to the beneficiaries in accordance with the will. These duties must be carried out with reasonable care and diligence.

Why Might an Executor Delay?

There are legitimate reasons why estate administration takes time: complex assets, disputes with HMRC, unresolved debts, or difficulty in tracing beneficiaries. However, where an executor is simply unresponsive, acting in their own interests at the expense of other beneficiaries, or refusing to distribute without good reason, the delay crosses the line into a breach of duty.

What Can Beneficiaries Do?

The first step is to write formally to the executor requesting an update on the administration and a timetable for distribution. Keep a record of all correspondence.

If the executor does not respond or continues to delay, you can apply to the court. The court can make a Benjamin order directing the executor to distribute the estate on the basis of stated assumptions. It can also order the executor to provide an account of their administration, and in serious cases can remove the executor and appoint a substitute: either a professional administrator or the Public Trustee.

Can an Executor Be Removed?

Yes. Under section 50 of the Administration of Justice Act 1985, the court can remove an executor who is unsuitable or who has breached their duties. The court will also consider replacing an executor where there is a serious conflict of interest, where the executor is incapacitated, or where there has been persistent failure to administer the estate.

Summary

Beneficiaries have legal remedies where an executor is failing to administer an estate. The court can compel an executor to account for their actions, make distribution orders, or remove them entirely. A probate barrister can advise on the most appropriate remedy and represent beneficiaries in any application.

Want to understand your options before committing to anything? The team at Barrister Connect is happy to talk it through. Reach out to us here.