Trustee & Executor Disputes
Specialist solicitors for breach of duty and negligence disputes involving trustees and executors.
When concerns or allegations arise about a trustee or executor.
Trustees and executors hold positions of trust and control. They manage assets, make financial decisions and act on behalf of beneficiaries.
Most fulfil that role responsibly. But when concerns arise about delays, lack of transparency, conflicts of interest or mismanagement, the consequences can be serious. Allegations of breach of duty can also carry reputational and financial risk for the individual involved.
Situations like this often raise questions about:
- Why is the estate taking so long to administer?
- Why have proper accounts not been provided?
- Has money been misused?
- Is the trustee or executor acting for their own benefit?
- Can they be removed?
Trustee and executor disputes focus on conduct and accountability. They concern whether legal duties have been met – and how matters should be addressed where they have not.
We provide clear, strategic guidance and a practical route to resolution, whether you seek accountability or are defending your position,
Call us on 0203 993 4813 or
Where trustee and executor disputes usually arise.
These disputes fall into four areas: breach of duty, failure to account, delay or negligence and removal from office:
1. Breach of fiduciary duty
Acting with honesty, avoiding conflicts of interest, and always prioritising the interests of beneficiaries are fundamental to fulfilling both trustee responsibilities and executor duties.
Concerns may include:
- Use of estate or trust funds for personal benefit.
- Favouring one beneficiary unfairly.
- Acting outside the terms of the will or trust.
- Entering into conflicted transactions.
If someone breaches their duties, they must repay losses and disclose any unauthorised gains.
2. Failure to provide accounts or information
Beneficiaries are entitled to appropriate transparency regarding the administration of an estate or trust.
Disputes often arise where:
- Accounts aren’t produced or requests for financial information are ignored.
- Requests for financial information are ignored.
- Decisions are not properly explained.
- Asset values or distributions are unclear.
Formal steps may be required to compel disclosure and bring clarity to the administration.
3. Delay, negligence or mismanagement
Executors and trustees are expected to act with reasonable care and diligence.
Issues may include:
- Prolonged delay in distributing assets.
- Failure to collect or safeguard property.
- Poor administrative or investment decisions.
- Errors affecting tax or beneficiary entitlements.
If negligence causes financial loss, the trustee or executor may have to compensate the estate personally.
4. Removal and replacement
In some cases, confidence in the trustee or executor breaks down entirely.
The court has the power to remove and replace a trustee or executor where it is necessary for the proper administration of the estate or trust.
Grounds may include:
- Proven misconduct.
- Persistent failure to act.
- Conflict of interest.
- Breakdown in relations that prevents effective administration.
Removal is a serious step and must be handled carefully and strategically.
Call us on 0203 993 4813 or
Why clients trust us with trustee and executor disputes.
When concerns arise about a trustee or executor, people can often become emotional and entrenched, which makes timely decision‑making harder. Financial consequences can quickly follow.
We cut through that early, establishing the facts and financial consequences and what can – and should – happen next.
We represent beneficiaries seeking accountability and trustees or executors responding to allegations, focusing on proportionate, strategic resolution.
We are accredited under The Law Society’s Lexcel quality standard and our lawyers have been recognised by LexisNexis for their dispute resolution work.
We’re based in London and Kent, but advise clients across the country on complex estate and trust disputes.
Meet our team
Get clear advice on the next steps.
If you are concerned about the actions of a trustee or executor, early legal advice can help clarify the position and prevent matters from escalating.
Our private client disputes solicitors will review the circumstances carefully, assess the legal duties involved and advise whether a breach may have occurred – or whether concerns raised against you can be defended.
Contact us to discuss concerns about a trustee or executor.
Frequently asked questions
Are beneficiaries entitled to see estate or trust accounts?
Beneficiaries usually have a right to see estate or trust accounts and related financial records; the amount of disclosure depends on their interest and the circumstances. If a trustee or executor refuses to provide appropriate information, formal steps can be taken to require disclosure and ensure transparency.
Can a trustee or executor be personally liable?
Yes. Trustees and executors owe fiduciary duties and may be personally liable for breaching those duties. This can include restoring financial losses, repaying misapplied funds or accounting for unauthorised gains. Liability depends on the nature of the conduct and whether or not the individual acted reasonably and in good faith. Not every error leads to personal exposure, but serious or deliberate misconduct can have significant consequences.
Can a trustee or executor be removed?
Yes. The court can remove and replace a trustee or executor where it is clearly necessary for the proper administration of the estate or trust. Removal can be justified in cases of misconduct, conflict of interest, persistent failure to act or a breakdown in trust that affects administration. Each case is assessed on its facts, and the court will consider whether removal is in the best interests of beneficiaries.
What can I do if an executor is delaying the estate?
Executors are expected to administer an estate within a reasonable period. However complex the estate, unexplained or prolonged delay may justify formal action. Initial steps often include requesting information and accounts. If concerns are not addressed, legal proceedings can be considered to compel progress or, in serious cases, seek removal. The right approach depends on the size and complexity of the estate and the reasons for delay.
What is a breach of fiduciary duty?
A breach of fiduciary duty occurs when a trustee or executor acts dishonestly, in bad faith or not in the best interests of beneficiaries. Examples include conflicts of interest, the misuse of funds, acting outside the trust's terms and favouring one beneficiary. The court will consider whether the conduct fell below the standard expected of someone in that role.
What should I do if I am a trustee or executor facing allegations?
Address the allegations promptly and carefully. Trustees and executors are entitled to defend their position and may be shielded from liability if they acted in good faith. Get early legal advice to help clarify your duties and assess personal risk and help prevent escalation. In some cases, disputes can be resolved through negotiation before formal proceedings are issued.
Contact us
Getting in touch couldn’t be easier. Use our form or call us to speak to an experienced solicitor in confidence.
Please note we cannot offer legal aid.