In a new series, lawyer Naomi Ireson provides fresh new options for charities, not-for-profit and community-based organisations who find themselves involved in a legacy dispute.

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Question: How should charities deal with a troublesome executor?

Answer: Troublesome executors can often frustrate charities which benefit from a legacy in a will. So, what can you do when faced by an executor who fails to carry out their legal duties?

What are an executor’s duties?

An executor’s principal duty is to collect in the assets, pay off liabilities, and distribute the estate to the beneficiaries as specified in the will. Executor must act in a ‘fiduciary capacity’. This means they must act in the best interests of the beneficiaries and manage the estate with care and diligence.

What can you do if you face a troublesome executor?

I would always recommend that you initially try to sort things out informally. You could consider:
• Inviting the executor to renounce their role voluntarily, provided they have not intermeddled with the estate.
• Agreeing a timetable setting out what the executor will do and when.
• Asking the executor to provide estate accounts.

Litigation is a last resort and the court can impose costs sanctions on those who do not attempt to resolve matters by consent. However, if you cannot reach an agreement, then court action might be inevitable. If that is the case, then you could look at the following options:
• An action to remove the executor and have them replaced by an independent person.
• An order requiring the executor to provide an inventory and account.
• An application for the court to order directions on what the executor should do next.

It is possible to apply to the Probate Registry as opposed to the Court, which can be more time and cost efficient.

How much could this cost?

Legal costs should be uppermost in the minds of trustees.

Trustees need to balance their duty to protect the legacy without exposing the organisation to an expensive legal costs. While costs can often be recovered from an executor if the action succeeds, there is no guarantee of success.

One answer to this dilemma is No Win, No Fee funding. Utilising No Win, No Fee allows trustees to fulfil their duties, while also avoiding the criticism that they have wasted charitable funds if a dispute doesn’t go in the charity’s favour.

I am also sensitive to issues that might affect an organisation’s reputation and this needs to be taken this into account when handling a legacy dispute.

Disclaimer: This article should not be constructed or relied on as advice.

Naomi Ireson is a partner and head of the Contentious Probate and Trusts department at Slee Blackwell LLP, and creator of the specialist website www.legacydisputes.co.uk offering No Win, No Fee funding to the charity sector. She is one of the country’s leading practitioners in this area of law and is recommended and named as a key lawyer in the 2025 edition of The Legal 500.

Naomi offers a free consultation service. Please contact her directly at naomi.ireson@sleeblackwell.co.uk if you have questions about this article or if you would like Naomi to address a specific issue in the next edition.

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