Can I Challenge an Executor of a Will?

Yes, in principle you can challenge an executor (or administrator) of a will. In practice, identifying valid legal grounds and following the correct procedure is considerably more complex. This guide explains what those grounds are, what will not succeed as a challenge, and what steps you can take.

What is an executor, and what is an administrator?

Executors are appointed in a will to deal with a person’s estate after death. Administrators carry out the same role where there is no will, or where there is a will but no executor able or willing to act. They are not chosen by the court in the way that phrase suggests: entitlement follows a statutory order of priority set out in the Non-Contentious Probate Rules, and the registry issues the grant to whoever is entitled and applies. In either case, the person taking on the role becomes the “personal representative” of the deceased, legally responsible for gathering assets, paying debts, and distributing the estate correctly.

Executors may be friends, family members, or professional lawyers. All must operate within the law and carry out their duties properly. That obligation is what makes a challenge legally possible.

What is not a valid ground for challenging an executor?

Before looking at valid grounds, it helps to understand what will not succeed. The following complaints are generally not legally accepted reasons to challenge an executor.

Delays caused by the Probate Registry

This is the complaint we hear most often, and it is usually aimed at the wrong target. There is in fact no statutory deadline by which an executor must obtain a grant or distribute an estate. The relevant rule runs the other way: under section 44 of the Administration of Estates Act 1925, a personal representative cannot be compelled to distribute before a year has passed from the date of death. The “executor’s year” is a shield for them, not a deadline they are breaching.

Meanwhile much of the delay sits with the Probate Registry rather than the executor. HMCTS figures for January to March 2026 show probate grants issued in an average of 5 weeks from application, with a median of 1 week. Applications that are not stopped for queries came through in about 2 weeks; those that were stopped averaged 14 weeks. Letters of administration take longer still: 20 weeks on average where there was a will but no proving executor, and 11 weeks on an intestacy. The open caseload also rose by around 19% over the year to March 2026.

Before raising a formal complaint about timing, check with the executor that the application has actually been submitted, and whether it has been stopped. A stopped application explains most of the long waits people encounter.

Lack of communication

An executor is under no legal obligation to give beneficiaries regular progress updates, and silence alone is not a breach. Keeping people informed usually makes the administration smoother, but it is good practice rather than a duty.

That is not the same as saying you are entitled to nothing. A residuary beneficiary is entitled to see the estate accounts once the administration is complete. And section 25 of the Administration of Estates Act 1925 obliges a personal representative, when the court orders it, to exhibit on oath a full inventory of the estate and render an account of their administration. So the duty exists; what the court order does is compel performance of it. This is a lengthy and expensive route, so make sure you have strong grounds before going down it.

Not providing a copy of the will

It can be frustrating if an executor refuses to share a copy of the will, and before the grant is issued you have no right to see it. Once the Grant of Probate or Letters of Administration has been issued, the will becomes a public document and you can order a copy through the GOV.UK Find a Will service. Records usually appear online around a fortnight after the grant.

If no grant has been issued yet, a standing search is the tool for this. It tells you when a grant is issued and produces a copy, covering grants issued in the six months after you lodge it.

Unhappiness with the contents of the will or the choice of executor

The executor has no control over what the will says. They are legally obliged to distribute the estate in line with the deceased’s wishes, and they cannot change who inherits or how much. If you disagree with the distribution, the only routes are to challenge the validity of the will itself, or to consider a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

Where there is no will, the administrator must follow the rules of intestacy rather than a will, but the position is broadly the same.

If you are unhappy with the executor named in the will, this is also very difficult to challenge. The deceased chose that person, and their wishes deserve respect. An administrator takes the role because they were entitled to it under the statutory order of priority, not because anyone selected them. Unless one of the valid grounds below applies, there is no legal basis for removal.

When can the choice of executor be challenged?

Because an executor is appointed by the will, challenging the appointment itself is difficult. However, it is worth checking that the will was validly made and properly witnessed. You can only inspect it once the grant has been issued, at which point it becomes a public record, so if the application is still in progress a standing search or a caveat is how you secure your position in the meantime.

It is still possible to apply to court to have an executor removed if there is evidence of impropriety, or if there are grounds to believe the deceased did not intend for the named person to act on their behalf. The validity of the will itself can also be challenged on grounds such as lack of testamentary capacity or undue influence.

Is the executor carrying out their role properly?

This is the most common ground for a challenge. An executor who fails to gather assets, pay debts, or distribute the estate correctly can be held personally liable for losses caused by their default. That liability is not automatic: under section 61 of the Trustee Act 1925 the court can relieve a personal representative who acted honestly and reasonably and ought fairly to be excused. Genuine mistakes made in good faith are treated differently from neglect.

You can apply to have an executor removed where they are failing to fulfil their duties, acting in breach of trust, or creating conflicts of interest. Grounds generally include serious misconduct, gross negligence, or situations where an executor lacks capacity or has disappeared.

There is nothing to stop anyone with a legitimate interest in the estate from making a direct written request to the executor, asking them to explain their actions. If they fail to co-operate, more formal steps will be needed. As mentioned above, a court can be asked to order an inventory and account, but this takes time and costs money, so you need solid grounds.

For more detail on what the role requires, see our guide to what an executor must do once probate has been granted.

What if the executor never applies for the grant at all?

This is a different problem from a slow administration, and it has a different answer, because the usual removal power is not available until a grant exists.

Where a named executor simply sits on their hands, the route is a citation. A person with an interest in the estate can cite them to accept or refuse the grant: the executor must either take it out or step aside, and if they do nothing the citor can apply for a grant themselves. Where a named executor has already intermeddled in the estate, by dealing with assets, they can be cited to take out the grant they are now obliged to take.

The alternative is an application under section 116 of the Senior Courts Act 1981, asking the High Court to pass over the person entitled and appoint someone else as administrator where, by reason of special circumstances, it appears necessary or expedient to do so. That is the provision used where the person entitled has disappeared, is in prison, or is plainly unfit.

Both routes need legal advice. Neither is a matter of writing to the Probate Registry and asking them to appoint someone else.

Whichever applies, the first step when you suspect delay is to ask the executor for evidence that the application has been submitted and whether it has been stopped for further information.

Is the executor fit to act?

Challenging and removing an executor is not straightforward, but courts will intervene in certain circumstances. The governing question is not whether the executor has misbehaved: it is whether their continuing in office is compatible with the welfare of the beneficiaries. Misconduct is neither necessary nor, on its own, decisive. An executor who has done nothing dishonest but who has become so entrenched in conflict with the beneficiaries that the administration cannot progress may still be removed, and an executor guilty of a single lapse may not be.

Common situations where a court may act include:

• Imprisonment. There is no automatic disqualification on conviction, and this is widely misunderstood. A criminal conviction does not of itself strip anyone of the role. What it can do is amount to a special circumstance supporting an application to pass someone over before a grant is issued, or support a substitution application afterwards, particularly where the offence involved dishonesty or where the sentence makes it impossible for them to act.
• Incapacity. Wills are often made decades before they take effect, and a named executor may by then be elderly or unwell. Where an executor lacks mental capacity, the usual route is not a removal application by the beneficiaries but a grant for their use and benefit, taken out by their attorney under a registered power of attorney or by a deputy. Physical infirmity is a different matter again: someone who is simply unwell or immobile can renounce, appoint an attorney to act for them, or have power reserved where there is a co-executor. Removal is not required.
• Misconduct. Alleged dishonesty, failure to distribute assets properly, or failure to comply with the law. Removal is not something the court orders lightly; it is a last resort and requires strong evidence.

Formal removal or substitution applications are made to the High Court under section 50 of the Administration of Justice Act 1985, or to the county court where the estate is worth less than £30,000. Two limits are worth knowing. First, the application can only be made by a personal representative of the deceased or a beneficiary of the estate: a creditor or a disappointed relative who takes nothing under the will or intestacy has no standing. Second, section 50 is only available once a grant has been issued, which is why the citation and passing-over routes above matter where nobody has applied.

These applications are expensive and slow, and the costs do not always come out of the estate. Take advice on the likely cost and timetable for your particular facts before committing.

Challenges by co-executors and beneficiaries

Executors may also be beneficiaries of the estate, which is normal and lawful, though a conflict can arise between the two roles. Neither position makes them immune from scrutiny. See our guide to whether an executor can also be a beneficiary.

Where more than one executor is appointed, they do not have to do everything jointly. Personal representatives have joint and several authority over the deceased’s personal estate, so the act of one generally binds all. The significant exception is land: a conveyance of real estate needs the concurrence of all the personal representatives who have proved, or an order of the court. A co-executor who disagrees with what the others are doing with the bank accounts cannot simply veto it, but they can withhold consent to a sale of the house.

Where the disagreement is intractable, the purpose of a court hearing is not to let the parties air grievances. It is to decide whether the continuation in office of one or more of them is detrimental to the interests of the beneficiaries.

Co-executors, as well as beneficiaries, can bring a challenge. Where there is complete deadlock, the court can give directions. If one executor continues to act unreasonably, an application can be made to have them removed.

The broader picture

The role of executor or administrator can place the personal representative in direct conflict with beneficiaries and the deceased’s family. Arranging funerals, dividing assets, paying inheritance tax, and making decisions that affect other people’s lives can all generate resentment. Where an executor fails to act properly, a challenge is the mechanism the law provides to protect the estate and everyone who benefits from it.

If you believe an executor is falling short, take legal advice before taking formal action. A solicitor can assess your grounds, help you gather evidence, and advise on whether court action is genuinely necessary or whether a formal letter might resolve the matter more quickly and cheaply.

Frequently asked questions

Can I challenge an executor without going to court?

Yes, in many cases. The first step is usually a formal written request to the executor, asking them to account for their actions or to progress the administration. If that fails, mediation can sometimes resolve disputes without litigation. Court action is a last resort and is most appropriate where there is clear evidence of misconduct, breach of duty, or incapacity.

On what grounds can an executor be removed?

The governing test is the welfare of the beneficiaries, and the situations that meet it in practice are serious misconduct, gross negligence, conflicts of interest, prolonged inactivity that harms the estate, and incapacity. A criminal conviction does not disqualify anyone automatically, though imprisonment can support an application. Courts will not remove an executor simply because a beneficiary dislikes them or disagrees with a decision. Applications are made under section 50 of the Administration of Justice Act 1985, only after a grant has been issued, and only by a personal representative or a beneficiary of the estate.

How long does removing an executor take?

It depends on whether the matter is contested. An uncontested application, where the executor agrees to step down, can be resolved comparatively quickly. Where the executor disputes the claim there will be a contested hearing, and that is a materially slower and more expensive process. There is no published average for either, so treat any specific figure you are quoted as an estimate for your facts rather than a general rule. Ask a solicitor for a costed view at the outset, including what happens to costs if you lose, before committing.

Can an executor be removed before probate has been granted?

Not under section 50 of the Administration of Justice Act 1985, which only operates once a grant exists. Before that point the routes are a citation, requiring the named executor to accept or refuse the grant, or an application under section 116 of the Senior Courts Act 1981 asking the High Court to pass them over where special circumstances make it necessary or expedient. If you simply need to stop a grant being issued while you investigate, a caveat does that and is far cheaper.

What can I do if an executor ignores my requests for information?

You can apply to the court for an order known as an “inventory and account.” This compels the executor to disclose documents showing the full extent of the estate and how it is being handled. Be aware that this process takes time and incurs legal costs, so it is worth taking professional advice first to confirm you have good grounds for the application.

This article is for general guidance only and does not constitute legal, tax or financial advice. Rules and procedures can change, and every estate is different. For advice on your own circumstances, speak to a qualified solicitor. You can book a free legal consultation through The Probate Network.