When Executors Go Rogue: What Happens if an Executor Does Not Follow the Will
When someone appoints an executor in their will, they entrust that person with honouring their final wishes, administering the estate and safeguarding beneficiaries’ interests.
In the ideal scenario, the executor acts impartially, communicates transparently and winds up the estate efficiently.
But when that trust breaks down and an executor does not follow the will, the resulting disputes can be lengthy, costly and deeply distressing for those left behind.
This type of situation is often referred to as executor misconduct.
At Bennett Griffin, we frequently assist clients who face unexpected roadblocks during probate, delays that seem inexplicable, assets sold off at a knock-down price or outright favouritism towards one beneficiary.
Below, we explore how these scenarios arise, the practical impact on an estate and the legal pathways available to set matters right.
When Trust Becomes Turmoil: Executor Misconduct
Imagine a family gathered to honour a loved one’s memory, only to find that probate has stalled for months on end.
Letters to the executor go unanswered, bank accounts remain frozen, and distributions never arrive.
Meanwhile, a family home declines in value because essential repairs are neglected.
These situations are more than frustrating; they can jeopardise beneficiaries’ financial security and fracture family relationships.
Executor misconduct isn’t limited to outright fraud.
In some cases, an executor does not follow the will as written, whether due to inexperience, misunderstanding of their duties, or personal conflicts.
In other instances, personal animosities or conflicts of interest drive an executor to favour one heir over another.
Even well-meaning errors like selling assets without proper valuations or missing statutory deadlines can sow distrust and suspicion.
Identifying Misconduct
Spotting executor misconduct and recognising the signs that an executor is not following the will early can make all the difference.
Prolonged silence when you request estate accounts or confirmations of progress may signal avoidance.
Sudden, unexplained sales of valuable assets at well below market rate should raise alarm bells.
If one beneficiary consistently receives preferential treatment such as advanced funds or exclusive access to heirlooms, it may indicate a conflict of interest or misuse of estate funds.
Equally, shutting out co-executors named in the will is a red flag suggesting the executor is failing to fulfil their duty to collaborate.
Your Legal Options
Under English law, interested parties can ask the court to:
- Remove or replace an executor on the grounds of misconduct, incapacity, or persistent disagreement
- Order a full account of the executor’s financial dealings
- Compel the executor to carry out their duties, including applying for probate or distributing assets
These remedies are serious, and courts intervene only when less drastic measures have failed or where the estate’s value is genuinely at risk.
Solid evidence, from email trails to valuation reports, will strengthen any application.
A Hypothetical Case Study
Consider the Lee family. After Mr Lee’s passing, his daughter Anne discovered that the family home was sold within weeks for £50,000 below its actual market value.
Anne’s polite enquiries about sale documents went unanswered, while her brother Mark received cheque after cheque for personal items.
Frustrated, Anne instructed solicitors to gather evidence of undervaluation and lack of communication.
Faced with a formal application for an account and executor replacement, Mark ultimately agreed to step down, allowing an independent trustee to finalise the estate fairly and transparently.
Proactive Steps and Prevention
Many executor disputes can be avoided through clear, regular communication and professional support.
Executors should set realistic timelines, engage valuers before selling significant assets and keep meticulous records of every transaction and correspondence.
If possible, co-executors should collaborate, updating each other on progress and decisions. Beneficiaries have the right to request these updates formally if informal enquiries go unanswered, signalling early that they will hold the executor to account.
Why Early Legal Advice Matters
Executor disputes can intensify rapidly.
Once emails are deleted and memories fade, evidence may slip away, making it harder to prove wrongdoing.
Seeking legal advice at the first sign of irregularity helps you understand your rights and the strength of your position.
An experienced solicitor can guide you on preserving crucial documents, advise on whether alternative dispute resolution might resolve matters more swiftly than court action and map out the most effective strategy.
If you suspect executor misconduct or believe an executor is not following the will, our Dispute Resolution team is here to help.
Contact us for a confidential discussion about safeguarding your interests and ensuring the deceased’s wishes are honoured.