Executor and Trustee Disputes – Challenging Mismanagement in Estate Administration

Introduction

Executors and trustees are entrusted with administering estates or managing trusts fairly and competently. When they fail in these duties—through negligence, bias, delay, or even dishonesty—family members and beneficiaries can face prolonged stress, financial loss, and uncertainty.

At Jonathan Lea Network, our expert contentious probate team assists clients through such disputes with clarity, legal insight, and tenacity. Whether you’re challenging an executor’s decisions, requesting removal, or seeking court direction, we help you navigate complex issues with confidence.

Understanding Executor and Trustee Duties

Executors (appointed through wills) and trustees (appointed under wills or lifetime trusts) perform vital fiduciary responsibilities. They must:

• Act with honesty, integrity, and impartiality, abiding by the terms of the will or trust.
• Administer the estate or trust efficiently—paying debts, filing tax returns, distributing assets.
• Provide transparent accounting to beneficiaries and consult co-executors or trustees when necessary.
  

Failures in these duties—such as withholding information, self-dealing, or delays—can spark disputes.

Common Situations Giving Rise to Disputes

Here are frequent triggers that indicate mismanagement:

• Lack of transparency: Beneficiaries receiving little or no information about the estate’s progress.
  
• Conflicts of interest: Executors or trustees with personal stakes in estate assets.
  
• Financial mismanagement or dishonesty: Missing assets, unexplained loans, or misuse of funds.
  
• Excessive delay: Significant time passing without estate progress.
  
• Internal friction: Disputes between co-executors or trustees over decisions, valuations, or asset distribution.
  

Legal Remedies and Court Powers

1. Removal of Executors/Trustees (Section 50 Applications)

Under Section 50 of the Administration of Justice Act 1985, courts can remove or replace personal representatives when they fail in their duties or mismanage assets. Courts need solid evidence—mere disagreement or loss of trust is insufficient.

A recent High Court example is Hanson v Coleman [2025], where executors were removed due to:

• A direct conflict of interest (claiming greater ownership of estate property).
• Significant delays and mismanagement.
  

The court appointed an independent administrator to protect the estate.

2. Alternative Measures to Removal

Courts may hesitate to remove executors or trustees unless necessary. Alternatives include:

• Formal advice and clarifications of responsibilities.
• Court direction to resolve deadlocks or guide action.
• Retirement or renunciation of executor/trustee roles.
  

3. Breach of Fiduciary Duty and Damages Claims

Beneficiaries can pursue legal action for damages where executors or trustees have caused financial loss—a remedy often coupled with removal applications.

4. Disclosure and Accounting Remedies

Courts can compel the production of records and accountability to safeguard beneficiaries’ interests and improve transparency.

Why Choose Jonathan Lea Network

• Deep Specialisation in Contentious Probate: Our team has proven experience in complex executor and trustee litigations.
  
• Informed by Current Case Law: We stay abreast of recent rulings like Hanson v Coleman, ensuring your case benefits from fresh legal precedents.
  
• Flexible, Client‑Centred Approach: We work with you, whether seeking an amicable resolution or pursuing court action.
  
• Transparent Process & Costs: We always clarify strategies, risks, and funding clearly from the start.
  
• Empathetic Guidance: We recognise the emotional strain executor disputes carry and handle all matters with sensitivity and care.
  

Our Process – What You’ll Experience

1. Initial Case Assessment
   We confidentially review your situation, gather necessary documents, and assess whether conduct is actionable.
   
2. Fact-Finding & Evidence Collection
   We secure correspondences, records, and witness accounts to build a robust case foundation.
   
3. Engagement & Early Interventions
   We contact executors/trustees to resolve concerns or propose mediation.
   
4. Court Application (if needed)
   For serious or unresolved issues, we proceed with Section 50 applications, breach of trust claims, or court directions.
   
5. Implementation & Wrap-Up
   Whether through court order or settlement, we ensure the estate or trust is properly administered and obligations met.
   

Addressing Your Concerns

• “I feel shut out with no info about the estate.”
  We can enforce your right to information and accounting, and escalate if necessary.
  
• “The executor is also a beneficiary—is that a problem?”
  Conflict of interest can justify court intervention. We gather evidence and act promptly.
  
• “The estate is stuck—nothing is happening.”
  Delays alone can be grounds for removal. We seek directions or replacement to protect the estate.
  
• “Court feels scary and expensive.”
  We explore mediation and informal solutions first. If court is necessary, we manage costs and timing prudently.
  

Contact Us

If you’re facing frustration, uncertainty, or unfair conduct from executors or trustees, don’t delay. Delays can compound damage and reduce your legal options.

Contact Jonathan Lea Network today for a free, confidential consultation. Let us help you assert accountability, restore trust in administration, and protect the estate for all beneficiaries.

Call +44 (0)1444 708 640 

Email wewillhelp@jonathanlea.net 

Frequently Asked Questions (FAQs)

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