Wills & Estates: Points to Ponder – Part 4 – Challenges faced by Executors

As discussed in our article: ‘Should I agree to be an Executor?’, although being appointed can be seen as a great honour, it also comes with significant obligations. 

It is often underestimated how much work and responsibility is involved in the administration of an estate.  What may be considered a “simple” estate can involve significant work including, but not limited to, calling in assets, obtaining Grant of Probate, contacting beneficiaries and preparing accounts. 

Each estate is different and the complexities which Executors will face differ depending on the assets involved, jurisdictional complications and the beneficiaries entitled.

An Executor may find themselves involved in litigation surrounding the estate which may include the following types of claims:

  • Challenges to the validity of the Will itself; 
  • A claim under the Inheritance (Provision for Family and Dependants) Act 1975;
  • Requests for information  – an Executor will need to be sure of what information can and cannot be provided;
  • Applications for removal of an Executor. 

The above are examples of potential predicaments which Executors may find themselves in. DQ’s private client team has experience in advising clients on all aspects of contentious and non-contentious executor appointments.  

If you would like further information on this subject please contact any member of our private client team.

Rose Kinrade


The information and/or opinions contained in this article is necessarily brief and general in nature and does not constitute legal or taxation advice. Appropriate legal or other professional advice should be sought for any specific matter.  Any reliance on such information and/or opinions is therefore solely at the user’s own risk and DQ Advocates Limited (and its associates and subsidiaries) is not responsible for, and does not accept any responsibility or liability in connection with any action taken or reliance placed upon such content.