I’m an Executor – What to Do if the Estate is Contested

Being an executor can feel overwhelming, especially when the estate you are managing is a disputed estate. Whether a beneficiary contests the will or claims are made against the estate, understanding your responsibilities is essential. Executors must act neutrally, protect assets, and manage distributions carefully, all while navigating the legal complexities of a contested estate. Seeking professional advice early can help you fulfil your duties, reduce personal risk, and ensure the estate is administered according to the deceased’s wishes.

Staying Neutral and Protecting the Estate

Your role as an executor is to remain impartial. Personal feelings towards beneficiaries or the deceased should not influence your decisions. Executors are not there to decide what seems “fair” but to follow the instructions of the will. Neutrality is particularly important if the will is challenged. Courts may remove an executor who appears biased, and you could become personally liable for costs if actions are deemed unreasonable.

Protecting the estate is a key part of this role. Estates often include cash, properties, investments, and valuables such as jewellery or artwork. Executors must:

• Identify and safeguard all assets.
• Set aside specific gifts for named beneficiaries.
• Preserve the estate while disputes are ongoing.

Practical steps can include securing properties, changing locks, or installing alarms where necessary. Until the estate is fully administered, beneficiaries do not have legal rights to access or alter gifted property.

Managing Claims and Litigation

When disputes arise, it is essential to maintain transparency and fairness. Executors should encourage beneficiaries or third parties to seek independent legal advice to avoid any perception of bias. Distributions should generally be paused until claims are resolved. While reasonable costs incurred in defending the estate are recoverable, acting improperly or unreasonably can expose you to personal liability.

Contentious probate can involve challenges to the validity of the will, disputes over administration or distribution, or claims under the Inheritance (Provision for Family and Dependants) Act 1975. Engaging solicitors with experience in this area is often critical to managing the estate effectively.

Practical Steps for Executors

To ensure the estate is managed properly, executors should:

• Keep clear records of all communications and decisions.
• Communicate with beneficiaries about the estate’s progress without showing preference or giving legal opinions.
• Seek legal advice promptly if challenges arise.
• Ensure assets are secured and distributions are paused until disputes are resolved.

Legal guidance can help executors respond to claims in a disputed estate or when the will is challenged, protect estate assets, and minimise personal risk. While legal fees add to the estate’s costs, they often prevent larger financial loss and complications.

How Best Solicitors Can Help

At Best Solicitors, our Private Client and Civil Litigation teams support executors at every stage of contentious probate. We advise on claims, defend the estate, and guide executors in administering assets correctly. With our assistance, executors can manage disputed estates confidently, ensuring the deceased’s wishes are upheld and disputes are resolved effectively.