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Understanding Executor Duties: What You Can, and Cannot Do

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The duties of an executor in the UK are comprehensive, requiring them to legally administer a deceased person’s estate, which includes identifying and valuing all assets, paying all debts and taxes (including Inheritance Tax), and applying for the Grant of Probate before distributing the remaining assets according to the Will. Crucially, an executor cannot change the terms of the Will, act in their own personal interest (self-dealing), or distribute the estate to beneficiaries before settling all outstanding debts, as this can lead to personal financial liability. Any beneficiary concerned about mismanagement has the right to challenge an executor’s conduct.

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The Core Legal Responsibilities of a UK Executor

The role of an executor is not a voluntary favour; it is a serious legal position that requires a disciplined, step-by-step approach. Here are the core actions you must take:

Securing and Valuing the Estate

Your first duty is to secure all assets and liabilities (debts) as they stood on the date of death.

  • Secure Assets: Take immediate control of property, notify insurers, and secure any valuable possessions.
  • Establish Value: Contact all financial institutions (banks, pension providers, share registries) to obtain accurate valuations of all assets and debts on the date of death. This is required for tax reporting.
  • Locate the Will: Ensure the document you hold is the latest valid Will and notify all beneficiaries that you are acting as the executor.

Paying Debts and Taxes (The Priority)

Before any beneficiary receives a single penny, the estate must be settled. Debts take priority over legacies.

  • Report to HMRC: You must complete the necessary inheritance tax forms, even if no tax is due, and pay any Inheritance Tax (IHT) liability. IHT must be paid before the Grant of Probate is issued (or shortly thereafter, depending on the asset).
  • Settle Liabilities: Pay all outstanding debts in the correct legal order (funeral expenses, then secured debts, then unsecured debts).
  • Statutory Notices: Placing a Deceased Estates Notice in The Gazette and a local newspaper helps protect you from future claims by unknown creditors, demonstrating you acted diligently.

Applying for the Grant of Probate

For most estates involving property or assets over a certain value (typically £5,000–£50,000, depending on the institution), you must obtain the Grant of Probate. This document is the legal authority that formally empowers you to manage and transfer assets.

Distributing the Estate

Once all debts, taxes, and administration expenses are paid, you must distribute the remaining assets precisely as outlined in the Will. You must also prepare final estate accounts, detailing all income, expenses, and distributions, and provide these to the residuary beneficiaries.

Crucial Boundaries: What an Executor Cannot Do

While executors have broad powers to manage the estate, these powers are strictly limited by law and the terms of the Will itself. Breaching these limitations is a violation of your fiduciary duty and can result in legal action being brought against you.

You Cannot Change the Will or Disregard Its Terms

The will-maker’s wishes are final. Your sole duty as an executor is to carry out the instructions contained within the document.

  • No Unilateral Changes: You cannot decide to remove a beneficiary, increase a gift to a favourite relative, or change the distribution ratios because you feel they are “unfair.”
  • No Personal Interpretation: You must apply the Will as written. If there is ambiguity, you must seek professional legal guidance, not rely on your own judgement.

You Cannot Benefit Personally (The Rule Against Self-Dealing)

As a fiduciary, you must maintain absolute impartiality. Any action that places your own financial benefit above that of the beneficiaries is strictly forbidden.

  • Estate Assets: You cannot use money from the estate for personal expenses, borrow from estate funds, or transfer assets to yourself at a discounted price.
  • Property: Unless the Will specifically names you as a beneficiary of the property, you cannot move into or live in the deceased’s home without agreement from all beneficiaries (and you must ensure the estate is not unduly delayed by your actions).

The Risk of Personal Liability

One of the greatest limitations on an executor’s power is the risk of personal liability. If you make a mistake that causes financial loss to the estate, you can be sued by the beneficiaries or creditors.

  • Distributing Too Early: If you distribute the assets to beneficiaries before paying all the deceased’s debts or settling the Inheritance Tax bill, you can be held personally liable for the shortfall.
  • Delaying: While the “Executor’s Year” (12 months from the date of death) is often cited as the deadline for distribution, you cannot delay the administration unnecessarily. Prolonged or unexplained delays can lead to beneficiaries seeking your removal from the role.

Check the official UK government website, which provides a detailed overview on Dealing with the estate of someone who’s died, ensuring you adhere to all necessary legal requirements and deadlines.

When an Executor’s Conduct Is Questioned

The complexity of these duties is why we at Contest A Will Today (CAWT) often deal with cases where a beneficiary is deeply concerned about an executor’s behaviour. If you are a beneficiary and you suspect the executor is:

  1. Mismanaging assets (e.g., selling property at a loss).
  2. Delaying the administration without a valid reason.
  3. Acting in breach of trust (self-dealing or using estate funds)

You do not have to wait. You have the right to request a full accounting of the estate and, if necessary, petition the court to have the executor removed and replaced.

The process of grief is challenging enough without the added distress of financial uncertainty. Our empathetic, dignified approach ensures that we examine your concerns sensitively, providing the compassionate expert advice you need to ensure the Will is administered correctly and legally.

The Emotional Toll on the Executer

Dealing with the estate of a loved one is emotionally draining, and when you are named the Executor of a Will, the emotional burden is compounded by significant legal responsibility. The law requires an executor to act with absolute integrity, diligence, and impartiality. This role is defined by a fiduciary duty, meaning the executor must always put the interests of the estate and the beneficiaries first.

For beneficiaries who may be worried about how an estate is being handled, or for those appointed as executors who feel overwhelmed, understanding the clear lines of what is permissible and what is strictly forbidden is essential.

As this process can easily be an emotional rollercoaster, let’s navigate this together to make it less overwhelming. In our guide How to Talk to Family About a Will Dispute: Turning Helplessness into Hope, we provide you with helpful tips and resources on how to deal with emotions, family, and seek fairness.

Let’s Connect

You don’t have to face this alone. Our team of expert solicitors is right here with you, and remember, our main goal is fairness, not conflict.

Book a free confidential discussion, and let’s walk through it together.

FAQs

1. Can an executor remove a beneficiary from a Will?

No. An executor’s duty is to execute the Will exactly as it is written. They have no legal authority to alter the terms of the Will, nor can they remove a named beneficiary or change the amount of a legacy, even if they disagree with the deceased’s wishes.

2. What happens if an executor mismanages the estate assets and is found liable?

If an executor breaches their fiduciary duty—for instance, by distributing assets before paying a known creditor—they can be held personally financially liable to make up the loss to the estate. Beneficiaries or creditors can bring a claim against the executor to recover funds or petition the court for the executor’s removal.












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Frequently asked questions.

Disputes over wills can arise in several circumstances, including:

  • Testamentary capacity: The person who made the will (known as the testator) must have had the mental capacity to understand what they were doing and the consequences of their actions. This means that they must have been able to understand the nature and extent of their property, the people they were giving their property to, and the people they were excluded from their will.

 

  • Valid execution: The will must have been executed correctly under the law. This means it must be in writing, signed by the testator, and witnessed by two independent witnesses.

 

  • Undue influence: The testator must have made the will freely and without any pressure from others. The will may be invalid if someone was unduly influenced to make a will. Undue influence can occur when someone takes advantage of a testator’s vulnerability, such as if the testator is elderly, ill, or has a mental disability.

 

  • Fraud or forgery: If the will was forged or if someone fraudulently induced the testator to make the will, the will may be invalid.

 

Claims against a will must usually be made within six months of the grant of probate being issued. This is the legal document that gives the executor the authority to administer the estate. If a claim is not made within this time, it may be too late to challenge the will.

As such, executors often wait until this six-month period has expired before distributing the estate. This is to avoid having to distribute the estate and then having to take it back if a successful claim is made against the will.

Here are some examples of how these disputes can arise:

  • A family member may dispute a will if they believe that the testator did not have the mental capacity to make a will. For example, if the testator was suffering from dementia or Alzheimer’s disease at the time the will was made.
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A family member may dispute a will if they believe that it was not executed correctly. For example, if the will is not signed by the testator or if it is not witnessed by two independent witnesses.

 

  • A family member may dispute a will if they believe that they were unduly influenced to make the will. For example, if a caregiver or another family member pressured the testator to make the will in their favour.

 

  • A family member may dispute a will if they believe that it was forged or if someone fraudulently induced the testator to make the will. For example, if someone forged the testator’s signature on the will or if someone lied to the testator about the contents of the will.

If you are thinking about disputing a will, it is important to seek legal advice as soon as possible. We can assess your case and advise you on your legal options.



Types of Trusts

Many different types of trusts can be set up, depending on your specific needs and goals. Some of the most common types of trusts include:
Bare Trusts: A bare trust is a simple type of trust in which the trustee holds the assets for the benefit of the beneficiary. The beneficiary is entitled to the income and capital of the trust as soon as they are old enough to receive them.

Interest in Possession Trusts: An interest in possession trust is a type of trust in which the beneficiary is entitled to the income from the trust immediately, but not to the capital until a later date. This type of trust is often used for minor beneficiaries or for beneficiaries who are not yet responsible enough to manage their own money.

Discretionary Trusts: A discretionary trust is a type of trust in which the trustee has the discretion to decide how and when to distribute the income and capital of the trust to the beneficiaries. This type of trust is often used for families with multiple beneficiaries or beneficiaries with special needs.

Accumulation Trusts: An accumulation trust is a type of trust in which the income from the trust is accumulated and not distributed to the beneficiaries until a later date. This type of trust is often used to save for a specific purpose, such as a child’s education or a retirement fund.

Mixed Trusts: A mixed trust is a type of trust that combines elements of different types of trusts. For example, a trust may be a discretionary trust for one beneficiary and an interest in possession trust for another beneficiary.

Settlor-Interested Trusts: A settlor-interested trust is a type of trust in which the settlor (the person who creates the trust) retains some interest in the trust assets. For example, the settlor may retain the right to receive income from the trust or to appoint the trustee.

Non-Resident Trusts: A non-resident trust is a type of trust that is created and governed by the laws of a country other than the country where the settlor or beneficiaries reside.
Which type of trust is right for you will depend on your specific needs and goals. It is important to consult with an estate planning attorney to discuss your options and choose the type of trust that is best for you.
Here are some examples of how different types of trusts can be used:
A bare trust can be used to hold assets for a minor child until they reach the age of majority.

An interest in possession trust can be used to provide income to a beneficiary who is not yet responsible enough to manage their own money.

A discretionary trust can be used to manage assets for a family with multiple beneficiaries or for beneficiaries with special needs.

An accumulation trust can be used to save for a specific purpose, such as a child’s education or a retirement fund.

A mixed trust can be used to achieve a variety of different goals, such as providing income to one beneficiary and preserving capital for another beneficiary.

A settlor-interested trust can be used to retain some control over trust assets after the settlor has created the trust.

A non-resident trust can be used to reduce estate taxes or to protect assets from creditors.
It is important to note that this is just a brief overview of the different types of trusts. There are many other types of trusts available, and each type of trust has its own specific features and benefits. For more information please visit www.gov.uk/trusts-taxes/types-of-trust

Inheritance trust disputes can be complex and varied, but some common scenarios include:

  • Disputes over the validity of the trust: This can happen if the settlor (the person who created the trust) does not have the mental capacity to create a trust, or if the trust deed was not executed correctly.

 

  • Disputes over the interpretation of the trust deed: If the trust deed is poorly drafted or unclear, it can lead to disputes between the trustees and beneficiaries about how the trust should be administered.

 

  • Disputes over the appointment or removal of trustees: Trustees have a legal duty to act in the best interests of the beneficiaries. If a trustee is not acting in the best interests of the beneficiaries, the beneficiaries may apply to the court to have the trustee removed.

 

  • Disputes over the investment of trust assets: Trustees have a legal duty to invest trust assets prudently. If a trustee makes investments that are too risky or that lose money, the beneficiaries may sue the trustee for breach of duty.

 

  • Disputes over the distribution of trust assets: Trustees have a legal duty to distribute trust assets to the beneficiaries in accordance with the terms of the trust deed. If a trustee distributes trust assets incorrectly, the beneficiaries may sue the trustee for breach of duty.

 

Here are some specific examples of inheritance trust disputes that have occurred in the UK:

  • In one case, a beneficiary disputed the validity of a trust deed on the grounds that the settlor (the person who created the trust) did not have the mental capacity to create a trust at the time it was set up.

 

  • In another case, a beneficiary sued the trustees for breach of duty after the trustees made a number of risky investments that lost money.



  • In a third case, a beneficiary sued the trustees for breach of duty after the trustees distributed trust assets to the beneficiaries in a way that was not in accordance with the terms of the trust deed.

 

Other possible disputes include:

  • A beneficiary was expecting more than what is set out in the trust document. This may be because the beneficiary had a reasonable belief that they would receive more, or because the trust document is unclear about the beneficiary’s entitlement.

 

  • The individual who set up the trust was provided with negligent or misleading advice. If the settlor was not properly advised about the consequences of setting up a trust, or if they were given incorrect information, they may be able to challenge the trust.

 

  • The trust document is either incomplete or unclear about the wishes of the deceased. If the trust document is incomplete or unclear, it can lead to disputes between the trustees and beneficiaries about how the trust should be administered.

 

  • A trustee acts against the best interests of the beneficiary or doesn’t administer the trust correctly. Trustees have a legal duty to act in the best interests of the beneficiaries. If a trustee breaches their duty, the beneficiaries may sue the trustee.

If you are involved in an inheritance trust dispute, it is important to seek legal advice as soon as possible. We can assess your case and advise you on your legal options.

Contesting a will is challenging the validity of a will. This can be done on a number of grounds, including.

  • The testator (the person who made the will) did not have the mental capacity to make a will.
  • The will was not executed correctly, i.e., it was not signed by the testator or witnessed by two independent witnesses.
  • The testator was unduly influenced to make the will.
  • The will was forged or fraudulent.

 

Contentious probate is any dispute about the administration of a deceased person’s estate. This can include disputes about

  • The validity of the will.
  • The interpretation of the will.
  • The appointment or removal of executors.
  • The distribution of the estate assets.
  • The management of the estate.
  • In the UK, contentious probate is dealt with by the High Court.

 

The main difference between contesting a will and contentious probate is that contesting a will is specifically challenging the validity of the will, while contentious probate can include a wide range of disputes about the administration of an estate.

Here is an example:

Contesting a will: A beneficiary challenges the validity of a will on the grounds that the testator did not have the mental capacity to make a will.

Contentious probate: A beneficiary disputes the interpretation of a will and argues that they are entitled to a larger share of the estate than they have been given.

It is important to note that the two terms are often used interchangeably. For example, a lawyer might say that they are “dealing with a contentious probate matter” when they are actually challenging the validity of a will.

If you are thinking about contesting a will or pursuing a contentious probate claim, it is important to seek legal advice as soon as possible. We can assess your case and advise you on your legal options.

The time limit for making a contentious probate claim in the UK is six months from the grant of probate. This is the legal document that gives the executor the authority to administer the estate.

If you do not make your claim within this six-month time limit, you may need to apply to the court for permission to make a late claim. The court will only grant permission if you have a good reason for not making your claim on time.

There are a number of factors that the court will consider when deciding whether to grant permission for a late claim, including:

  • Why did you not make your claim on time?
  • The strength of your case.
  • Whether the other beneficiaries will be prejudiced if your claim is allowed to proceed.
  • If the court grants you permission to make a late claim, you will need to file your claim within 28 days.

 

It is important to note that there are some exceptions to the six-month time limit. For example, if the executor has committed fraud or concealed assets from the beneficiaries, the beneficiaries may be able to make a claim after the six-month time limit has expired.

If you are thinking about making a contentious probate claim, it is important to seek legal advice as soon as possible. A lawyer can assess your case and advise you on the time limits that apply and whether you have a good case.

Here are some examples of when you might be able to make a late contentious probate claim:

  • You were not aware of the death of the deceased until after the six-month time limit had expired.
  • You were unable to make your claim on time because you were ill or incapacitated.
  • The executor has deliberately concealed information from you about the estate.
  • The executor has committed fraud in the administration of the estate.

 

The 12-year limit for making a contentious probate claim in the UK applies to claims for reasonable financial provision under the Inheritance (Provision for Family and Dependents) Act 1975. This means that if you are making a claim for financial provision from an estate, you must do so within 12 years of the date of the deceased’s death.

The reason for the 12-year limit is to encourage people to make their claims as soon as possible after the deceased’s death. This is because it can become more difficult to investigate and prove a claim after a long period of time has elapsed.

If you are unsure whether you are able to make a late contentious probate claim, you should seek legal advice.

Most disputes in the UK are resolved out of court through mediation and negotiation. This is because it is generally faster, cheaper, and less stressful for all involved.

If you are considering disputing a will, it is important to contact a contentious probate specialist before you involve any other relatives or beneficiaries of the estate. A specialist lawyer can advise you on your legal options and help you to resolve the dispute quickly and efficiently.

Here are some of the benefits of resolving a will dispute out of court:

  • It is faster and cheaper than going to court.
  • It is less stressful for all involved.
  • It allows you to maintain relationships with other family members and beneficiaries.
  • You have more control over the outcome of the dispute.

 

There are a number of steps that you can take to try to resolve a contentious probate dispute without going to court, including

  • Negotiation: You can try to negotiate a settlement with the other parties to the dispute. This may involve making concessions on your part, but it can be a good way to avoid the time and expense of court proceedings.
  • Mediation: Mediation is a process where an independent mediator helps the parties to reach a mutually agreeable settlement. Mediation can be a good way to resolve a dispute without going to court, but it is important to note that it is not binding on the parties.
  • Arbitration: Arbitration is a more formal process than mediation, and it is binding on the parties. However, it can still be a good way to resolve a dispute without going to court.

 

If you are unable to resolve the dispute amicably, you will need to file a claim with the High Court. The court will then hold a hearing to decide the case.

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