In our previous blog, we explored some of the most common examples of executor misconduct, including delays, misuse of estate assets and conflicts of interest. However, executor issues can take many forms, and not all are immediately obvious.

In this follow-up, we highlight additional examples of executor misconduct that beneficiaries should be aware of, along with why they matter and when you may need to take action.

Failing to pay debts and liabilities correctly

One of an executor’s key responsibilities is to identify and settle the deceased’s debts before distributing the estate.

Misconduct can arise where an executor:

• Ignores known debts
• Pays some creditors but not others without justification
• Distributes the estate too early, leaving insufficient funds

This can create serious consequences. If debts are left unpaid, beneficiaries may be asked to return funds , and executors can become personally liable for any shortfall.

Distributing the estate in the wrong order

Executors must follow a strict legal order when administering an estate.

Typically, this involves:

1. Collecting in assets
2. Paying debts, taxes and administration expenses
3. Only then distributing the estate to beneficiaries

Problems arise where an executor:

• Makes early distributions before liabilities are settled
• Prioritises beneficiaries over creditors
• Fails to account for tax before making payments

Getting the order wrong can expose the executor to personal financial liability and create unnecessary disputes between creditors and beneficiaries.

Distributing the estate incorrectly

Executors must follow the terms of the will—or, if there is no will, the rules of intestacy.

Problems arise where an executor:

• Misinterprets the will
• Pays the wrong beneficiaries
• Distributes incorrect amounts

Even honest mistakes can lead to disputes, particularly if some beneficiaries receive less than they are entitled to.

Failing to identify all estate assets

An executor has a duty to make reasonable enquiries to locate all assets.

Misconduct may include:

• Overlooking bank accounts, investments or pensions
• Failing to properly value property or possessions
• Not investigating assets held abroad

This can result in an estate being undervalued , which may affect both beneficiaries and tax calculations.

Mishandling inheritance tax or other tax matters

Executors are responsible for ensuring that tax obligations are properly dealt with , including inheritance tax (IHT), income tax and capital gains tax.

Issues can arise where an executor:

• Submits inaccurate tax returns
• Misses deadlines or fails to pay tax due
• Does not seek professional advice when needed

Errors in this area can lead to penalties, interest charges, and delays , all of which reduce the value of the estate.

Moving into, or allowing others to occupy, estate property

Executors must preserve estate assets—not use them for personal benefit or allow others to do so without proper authority.

Concerns may arise where an executor:

• Moves into the deceased’s property without agreement from beneficiaries
• Allows friends or family members to live there rent-free
• Fails to secure or insure the property appropriately

This can lead to financial loss to the estate , particularly if the property could otherwise be sold or rented, and may amount to a breach of duty.

Failing to act neutrally

Executors must act impartially and in the best interests of all beneficiaries.

Misconduct may arise where an executor:

• Favours one beneficiary over another
• Allows personal relationships or disputes to influence decisions
• Uses their position to gain leverage in family disagreements

A lack of neutrality can quickly escalate tensions and, in serious cases, justify court intervention.

Refusing to sign documents or progress the administration

Estate administration often requires executors to cooperate and take active steps to move matters forward.

Issues can arise where an executor:

• Refuses to sign necessary documents (such as property sale paperwork)
• Ignores correspondence from solicitors or co-executors
• Deliberately delays decisions or obstructs progress

This type of inaction can bring the administration to a standstill and may ultimately lead to an application to remove or replace the executor .

Failing to communicate with beneficiaries

While executors are not expected to provide constant updates, a complete lack of communication can amount to misconduct.

Warning signs include:

• Ignoring reasonable requests for information
• Refusing to provide timelines or explanations
• Withholding key documents, such as the will or estate accounts

A lack of transparency often increases suspicion and can escalate disputes unnecessarily.

Delegating responsibilities improperly

Executors can seek professional advice—but they cannot simply hand over responsibility entirely and disengage.

Concerns may arise where an executor:

• Relies blindly on third parties without oversight
• Fails to monitor solicitors or agents acting on their behalf
• Avoids making decisions altogether

Ultimately, the executor remains legally responsible for how the estate is administered.

Charging excessive or unauthorised fees

Lay executors (such as family members) are generally not entitled to charge for their time unless the will specifically allows it.

Misconduct may occur where an executor:

• Takes payment without authorisation
• Claims excessive expenses
• Blurs the line between legitimate costs and personal benefit

This can directly reduce the inheritance available to beneficiaries.

When should you be concerned?

Not every mistake amounts to misconduct. Administering an estate can be complex, and delays or errors can occur for legitimate reasons.

However, you may wish to seek advice if you notice:

• Persistent lack of transparency
• Decisions that benefit the executor personally
• Financial irregularities
• Unexplained delays or missing assets

Early intervention can often prevent matters from escalating further, you should therefore seek early advice from a contentious probate solicitor with experience in disputes can help protect your rights and the estate’s integrity. At Switalskis, we have helped many clients to hold executors legally responsible for their mistakes, and protect estates against the risks of serious misconduct. If you have serious concerns that an executor is not acting in your best interests, or those of a loved one's estate, contact us today .