An Executor Is Not Distributing the Estate
Beneficiaries sometimes wait years for an executor to distribute an estate. This page explains when delay becomes unlawful, what remedies are available, and how to apply to remove an executor who refuses to act.
Quick Answer
Executors have the 'executor's year' — 12 months from death — to administer the estate before beneficiaries can demand distribution with interest. After that, beneficiaries can apply to court to compel accounts, remove the executor under Senior Courts Act 1981 s.50, or have the estate administered under court supervision. Where an attorney or deputy is involved, complaints go to the Office of the Public Guardian.
Full Explanation
An executor's first duty is to collect and administer the estate with reasonable speed. While the 'executor's year' (Administration of Estates Act 1925 s.44) means beneficiaries cannot demand distribution within 12 months of death, executors cannot sit on an estate indefinitely. After 12 months, a specific legatee is entitled to interest on their legacy at the prescribed rate, and residuary beneficiaries can apply to court to compel performance.
If an executor refuses to apply for probate, a beneficiary may apply to the Probate Registry for a 'Citation to Take or Refuse Probate'. This formally requires the named executor either to apply for the grant within a specified period or to confirm they are not acting — enabling another person to apply. If the executor neither acts nor responds to the citation, the court can pass over their entitlement.
Where probate has been granted but the executor is failing to administer the estate, beneficiaries can apply to the Chancery Division of the High Court (or County Court for smaller estates) under Senior Courts Act 1981 s.50 to remove the executor and substitute another person. The court will consider whether removal is necessary in the interests of the estate — misconduct, conflict of interest, incapacity, or prolonged inactivity are all grounds.
Beneficiaries are entitled under the Administration of Estates Act 1925 to inspect the estate accounts and receive a full statement of all assets, liabilities, and distributions. If the executor refuses to provide accounts, an 'administration action' can be issued requiring the executor to account to the court.
Where the executor is also an attorney under a lasting power of attorney or a deputy appointed by the Court of Protection, misconduct can be reported to the Office of the Public Guardian (OPG), which has investigatory powers and can apply to remove the attorney or deputy.
Legal Basis
- §Administration of Estates Act 1925 s.44 — executor's year; beneficiaries cannot demand distribution within 12 months of death
- §Administration of Estates Act 1925 s.50 — court's power to appoint substitute administrator
- §Senior Courts Act 1981 s.50 — High Court power to remove executor and appoint administrator in their place
- §Trustee Act 1925 s.61 — court may relieve an executor of liability if they acted honestly and reasonably
What To Do
Write to the Executor Requesting an Estate Account
Send a formal letter to the executor requesting a full estate account showing all assets collected, debts paid, and proposed distribution. Give a reasonable deadline (28 days). Keep a copy of the letter and any response. This creates a paper trail and may prompt action without litigation.
Send a Letter Before Claim
If the executor does not respond or refuses to act, instruct a solicitor to send a letter before claim setting out the basis of the complaint, the relief sought (accounts, distribution, or removal), and the intention to issue court proceedings if no adequate response is received.
Apply for a Citation to Take or Refuse Probate (If No Grant Issued)
If no grant of probate has been issued and the named executor is simply not acting, apply to the Probate Registry for a citation. Once issued, the executor must either obtain the grant or formally renounce — failure to respond allows the court to issue a grant to another person.
Apply to Court to Remove the Executor
If probate has been granted but the executor is failing to administer the estate, issue an application in the Chancery Division (CPR Part 64) seeking removal under Senior Courts Act 1981 s.50 and the appointment of a substitute. The application should be supported by evidence of the delay and its effect on beneficiaries.
Important Deadlines
Important Warnings
Litigation to remove an executor can be costly. Consider whether mediation or a formal letter before action might prompt the executor to act before starting proceedings.
If the executor is also a beneficiary, there may be a conflict of interest that makes removal more likely — but you still need to demonstrate prejudice to other beneficiaries.
The Office of the Public Guardian can only act if the executor is acting as an attorney or deputy — it has no jurisdiction over ordinary executors.