What to Do if You Have Concerns About the Conduct of a Personal Representative

November 2024

When a person dies, it will be necessary for someone close to them to take on the role of their personal representative. This might be as an executor (if they have been appointed in the Will) or as an administrator (if they have applied to act on behalf of the estate in the absence of a valid Will).

Taking on the role of personal representative is a very big responsibility. It encompasses tasks including:

• The administrative tasks of informing relevant organisations of the death.
• Assessing and valuing the estate.
• Determining whether any inheritance tax is due.
• Applying for probate.
• Managing the sale of property or assets belonging to the estate.
• Distributing funds to beneficiaries, including the management of any trusts set up in the Will.

Not only can these tasks be incredibly time-consuming, they can also be complicated. Though the task of administering some estates may be relatively straight-forward, for others it will be the opposite. This can be challenging for personal representatives to manage, especially if they have no prior experience of handling legal matters.

Where can disagreements occur?

You won’t always agree with the way a personal representative is handing an estate. This could be because:

• You have reason to believe they are making mistakes.
• You don’t agree with how they have interpreted the Will.
• You don’t believe certain assets should be sold.
• You don’t agree with how they have valued the estate.
• You believe they are showing preferential treatment to certain beneficiaries.
• You believe they are administering the estate in a manner that is self-interested.
• You believe they are being negligent with the estate.
• You believe they are claiming unreasonable expenses from the estate.

Disagreements such as these can quickly get out of hand, especially during what is likely to be an emotionally difficult period for everyone involved.

Is there anything you can do if you don’t think that a personal representative is up to the task?

In many of these situations, concerns often boil down to the belief that the personal representative is struggling with the responsibilities of the role. This might be because they do not have the skills or experience necessary, or it might be because they’re not able to devote the time that’s needed.

If this is the case, the first step should almost certainly be to gently raise your concerns with the personal representative(s) in question. You may find that they share your concerns and are receptive to any suggestions you have for resolving them. They may be keen to access more support, whether that’s from you or other people who are involved with the estate, or from a professional.

Support from experienced probate solicitors like ourselves may well be more affordable than you think, and it could make all the difference in a situation such as this.

What about if you are worried about the conduct of a personal representative?

The situation may be more difficult to handle if your concerns about a personal representative are more to do with their conduct. Whether you think a personal representative is being deliberately negligent, whether you think they are showing preferential treatment or whether you think they have interpreted the Will incorrectly, you’ll need to manage the situation very carefully.

If a careful initial approach does not prove fruitful in terms of open conversation, you might not be sure where to go next. The good news is that there is support available. We’d recommend seeking personalised advice from a solicitor who specialises in contentious probate as soon as possible. This is because accessing professional advice early on can help to defuse a dispute situation before it escalates.

Professional support often helps to resolve potential disputes by managing correspondence in order to make clear where all parties stand legally and highlight the best way forward. Mediation can also be very helpful in situations like this, as it can be an effective way to facilitate discussion between parties in order to avoid further legal action.

The ideal result will vary depending on the situation, but this discussion could result in either a compromise being reached, or in the personal representative in question agreeing to step aside and renounce their role.

What if these methods do not resolve the issue?

Of course, communication, legal support and mediation will not always be enough to resolve the issue. It may, therefore, be necessary to consider taking the matter to court.

This is not something to be taken lightly. Your solicitor will be able to advise on what the implications of this might be and whether or not a lengthy legal battle is likely to be worth your while.

If you start proceedings in a contentious probate case, there may be an opportunity to have a Financial Dispute Resolution Hearing. In these situations, a judge would preside over a hearing at an early stage to give an indication of how they would decide the case or financial award if it was to go to court. Their ruling at this stage would not be binding, but it can be very helpful to aid in settlement talks between all involved parties.

Ultimately, if a dispute with a personal representative goes to court, the court will rule on whether or not they believe it is in the best interest of the beneficiaries of the estate for the personal representative to continue in their role. If not, the court can remove the personal representatives from the estate. In certain circumstances, the court can also order a personal representative (or former representative) to pay compensation for any losses they have caused to the estate.