You Suspect Probate Fraud or Executor Misconduct
If you believe an executor is acting dishonestly, concealing assets, or misappropriating estate property, there are legal steps you can take to protect the estate. You can enter a caveat to halt the grant of probate, demand the executor's accounts, and apply to remove them from office.
Quick Answer
Enter a caveat (Form PA8A) at the probate registry to prevent a grant of probate being issued while you investigate. You can demand that the executor produce their estate accounts and apply to the court for an order removing the executor under Administration of Estates Act 1925 s.50 or bringing a civil claim for breach of trust under the Trustee Act 2000. Report suspected fraud to the police.
Full Explanation
Executor misconduct in the administration of an estate takes many forms โ from delay and poor record-keeping at the less serious end to outright fraud, misappropriation, and concealment of assets at the most serious. Beneficiaries have legal remedies in each case.
The first and most urgent step where fraud is suspected is to enter a caveat at the probate registry. A caveat (filed using Form PA8A) prevents a grant of probate from being issued for a period of six months (renewable). This is important because once a grant has issued, an executor can deal with estate assets more easily. The caveat is entered with a fee of ยฃ20 and halts the probate process until the caveat is removed, withdrawn, or expires.
Beneficiaries are entitled to request that an executor or administrator produce a full inventory and account of the estate โ including all assets, liabilities, income received, and distributions made. If the executor refuses, the beneficiary can apply to the court for an order that accounts be taken. Under the Non-Contentious Probate Rules 1987 r.44, the probate court can require the production of an inventory.
Where an executor has acted in breach of their fiduciary duties โ for example, by making unauthorised payments, mixing estate funds with personal funds, failing to collect assets, or making speculative investments โ they can be held personally liable for losses to the estate. A claim can be brought under the Trustee Act 2000 for breach of duty and under the equitable jurisdiction for breach of trust.
If an executor has committed fraud โ for example, forging the deceased's signature on documents, making false statements to the probate registry, or stealing estate assets โ this should be reported to the police. Probate fraud is a serious criminal offence. A civil claim for the return of misappropriated assets can be pursued at the same time as a criminal investigation.
Where an executor is not acting, is in breach of duty, or is in conflict with the interests of the estate, the court has power under Administration of Estates Act 1925 s.50 to remove an executor and substitute another administrator. An application is made to the Chancery Division of the High Court.
Legal Basis
- ยงAdministration of Estates Act 1925 s.50 โ court power to remove executor and appoint administrator
- ยงTrustee Act 2000 โ duties of executors and trustees; liability for breach
- ยงNon-Contentious Probate Rules 1987 r.44 โ court power to require inventory and account
- ยงNon-Contentious Probate Rules 1987 r.20 โ entry of caveat procedure
- ยงFraud Act 2006 โ criminal offences relevant to probate fraud
What To Do
Enter a Caveat at the Probate Registry Immediately
Complete Form PA8A and file it at a probate registry (in person, by post, or online) paying the ยฃ20 fee. A caveat prevents a grant of probate being issued for six months. This gives you time to investigate without assets being distributed. The caveat can be renewed. Keep a record of the caveat reference number.
Request the Executor's Accounts and Inventory
Write formally to the executor demanding a full inventory and account of the estate, including details of all assets, liabilities, and distributions. Give a 28-day deadline. Keep copies of all correspondence. If the executor refuses, apply to the court for an order that accounts be produced.
Submit a Subject Access Request to Relevant Institutions
Submit subject access requests (SARs) to banks, financial institutions, and the Land Registry in the deceased's name. This can reveal assets that have been concealed or already transferred. Note that institutions may require evidence of your standing (as beneficiary or potential administrator) to comply.
Bring a Civil Claim for Breach of Trust or Apply to Remove the Executor
Instruct a contentious probate solicitor to bring a civil claim against the executor for breach of fiduciary duty under the Trustee Act 2000. Alternatively, or additionally, apply to the Chancery Division under Administration of Estates Act 1925 s.50 to remove the executor and appoint an independent administrator.
Report Suspected Fraud to the Police
If you believe the executor has committed fraud โ including forgery, false accounting, or theft from the estate โ report this to the police (101 for non-emergency). Provide all documentary evidence. A criminal investigation and civil claim can proceed simultaneously.
Important Deadlines
Important Warnings
A caveat must be renewed every six months โ failure to renew will allow the probate process to resume.
A beneficiary who enters a caveat and then fails to pursue the matter can be ordered to pay the costs of the estate and other parties.
Time limits apply to civil claims โ limitation periods for breach of trust are generally six years from the date of the breach (Limitation Act 1980 s.21), though fraud may extend or disapply this limit.