Chapter 23 — When Things Go Wrong

Most estates can be administered without court proceedings, but even a straightforward estate can become delayed or disputed. A document may be missing, an executor may stop responding, a beneficiary may challenge a decision, or the figures may no longer add up. The problem usually becomes worse when people avoid it or communicate only through angry messages.

The first task is to identify exactly what has gone wrong. Separate facts from suspicions, urgent risks from ordinary delay, and legal issues from family grievances. Then decide whether the matter can be corrected through information and agreement or whether professional intervention is needed.

Delay is not always misconduct

Probate administration takes time. Property sales, tax enquiries, creditor searches, missing beneficiaries and complex investments can all create legitimate delay. A personal representative should still be able to explain what has been done, what remains and what is causing the hold-up.

A delay becomes more concerning when there are no records, repeated promises are broken, assets are at risk or the personal representative refuses to provide any meaningful information. Keep a dated chronology of requests, responses and outstanding actions. Ask focused questions rather than making a general accusation that nothing is happening.

The executor will not communicate

Start with a clear written request. Ask for confirmation that the executor is acting, a brief administration update, the main outstanding matters and a reasonable date for the next update. Do not demand daily reports or every private document.

If there is no response, send a further letter and retain proof of delivery. Where a solicitor is acting, use the firm's complaints procedure if the concern is about service. Where the executor is acting personally, legal advice may be needed about a formal request, an application for information or, in serious cases, removal or substitution.

An executor's silence does not give another family member authority to take control of estate assets. Protect urgent property and insurance issues without pretending to hold powers that have not been granted.

Disagreement between personal representatives

Co-executors may disagree about a sale price, clearance, solicitor, valuation or distribution. Neither should use access to the bank account, property or documents to force a decision.

Set out the disputed question in writing, list the available evidence and record each proposed solution. Consider an independent valuation, professional opinion or mediation. Many disagreements become manageable when the decision is reduced to one specific issue instead of being treated as a judgment on the whole family relationship.

If the disagreement prevents essential administration, take legal advice. A court application can be expensive and slow, but continuing paralysis can also damage the estate.

A beneficiary disputes an expense or decision

A beneficiary may question a clearance bill, property sale, professional fee, reimbursement or valuation. The personal representatives should answer from the records: what was decided, who authorised it, what evidence was considered and how the amount entered the estate accounts.

Do not dismiss a reasonable question as interference. Equally, a beneficiary does not automatically have the right to direct every administrative choice. The personal representatives must exercise their duties, explain material decisions and avoid conflicts.

Where the evidence shows an error, correct it. Where two reasonable views remain, consider independent advice or mediation before positions harden.

The will is challenged

A challenge may concern the validity of the will, the deceased's capacity, undue influence, knowledge and approval, forgery, the interpretation of a clause or a later document. Another person may accept the will but claim that it does not make reasonable financial provision for them.

Do not distribute while a credible challenge is unresolved. Preserve the original will, solicitor's file, medical evidence, correspondence and information about the signing. Do not alter, staple, write on or separate the original document.

Encourage the parties to obtain independent advice and consider mediation. A will dispute can consume a large part of the estate if correspondence becomes positional and every family grievance is turned into a legal allegation.

A caveat has been entered

A caveat can prevent a grant from being issued while a dispute is investigated. It is not final proof that the will is invalid, and it should not be used merely to create delay or pressure.

If a caveat affects the estate, obtain advice about the reason for it and the formal procedure. Continue protecting property, insurance and records, but do not act as though the grant has been issued. Keep the family informed that the administration may pause while the issue is resolved.

Assets or documents are missing

Missing bank statements, share certificates, title papers or personal possessions do not always indicate wrongdoing. Search the property systematically, check correspondence, contact relevant providers and record what has been found.

If a person holds estate documents, request their return in writing and list them specifically. If valuables are said to have disappeared, preserve photographs, inventories, messages, access records and witness information. Avoid public accusations before the evidence is checked.

Where theft, fraud or deliberate concealment is reasonably suspected, take legal advice and consider reporting the matter to the police or relevant organisation. A civil ownership dispute and a criminal offence are not the same, so describe the facts accurately.

Someone removes possessions from the property

Family members sometimes remove photographs, jewellery, furniture or documents believing that they are safeguarding them or that the deceased promised them the items. The personal representatives should ask for a written list and the return of anything not formally distributed.

Use the pre-clearance photographs, inventory and witness records. Try to recover the items without escalating the language. If the person claims a gift, ask when and how it was made and what evidence supports it.

Do not respond by allowing everyone else to take something. That destroys the record and makes a fair distribution harder.

An asset was sold too cheaply

A beneficiary may allege that property, a vehicle, jewellery or antiques were sold below value. Review the date-of-death valuation, current valuation, marketing, offers, condition, sale costs and reasons for accepting the price.

A lower sale price is not automatically negligence. Markets move, buyers withdraw and assets cost money to hold. The question is whether the personal representatives took reasonable steps and acted honestly for the estate.

If an executor or connected person bought the asset, the scrutiny will be greater. Disclose the relationship, obtain independent evidence and take advice if consent was not properly obtained.

The estate accounts do not balance

Stop distribution and reconcile the figures. Compare the opening assets, bank statements, sale proceeds, income, expenses, transfers and distributions. Look for duplicated entries, missing interest, personal payments, cash transactions and items distributed without a value.

Do not insert a vague balancing figure. Identify the source of the difference and correct the supporting schedule. If money is genuinely missing, secure the remaining funds and obtain professional advice.

An honest bookkeeping mistake should be corrected openly. Concealment or unexplained withdrawals require a more serious response.

Misuse of estate money

Estate money must not be borrowed, invested for personal benefit or used to solve a family member's financial problem. A personal representative who mixes estate money with personal funds creates risk even if they intend to repay it.

Ask for statements and an explanation of any questionable payment. Preserve the evidence and avoid alerting a suspected fraudster in a way that could cause further loss. A bank, solicitor or court may need to act quickly to protect funds.

Where misuse is established, the estate may seek repayment and the personal representative may face personal liability. Independent legal advice is necessary.

The executor has a conflict of interest

A conflict can arise where the executor wants to buy the property, claims that the deceased owed them money, operates the clearance company, lives in the estate property or benefits from delaying a sale.

A conflict does not always mean the person must stop acting, but it must be disclosed and managed. Use independent valuations, written approvals and separate professional advice. The conflicted person should not be the only person deciding their own claim or payment.

If the conflict prevents fair administration, legal advice may be needed about appointing an independent administrator or replacing a personal representative.

The property is occupied

A relative, partner, tenant or other person may remain in the deceased's property. Do not change locks, remove belongings or cut off services without checking their legal position. They may have ownership, tenancy, licence, trust or family-home rights.

Confirm the insurance position and who is responsible for bills, access and maintenance. Put temporary arrangements in writing. If occupation prevents a sale or creates financial loss, obtain property and probate advice rather than relying on pressure or self-help.

The estate is insolvent

If liabilities may exceed the assets, stop distributions immediately. Do not repay relatives, preferred creditors or beneficiaries ahead of others without a proper legal basis. Preserve the assets and obtain advice about the statutory order of payment.

A personal representative who pays the wrong person may become personally liable. An insolvent estate is not the place for informal compromise without understanding the effect on every creditor.

A beneficiary has died

If a beneficiary dies before or during the administration, check the will and the dates carefully. The gift may fail, pass to substitute beneficiaries, pass into that beneficiary's own estate or be affected by a survival condition.

Do not pay the deceased beneficiary's family merely because they appear to be the obvious recipients. Obtain the grant or authority needed for the beneficiary's estate and record how the entitlement was determined.

A beneficiary cannot be found or will not cooperate

Use proportionate searches and retain the evidence. A beneficiary's failure to answer does not permit the others to take their share. Professional tracing, insurance, court directions or holding the money may be required.

A beneficiary may refuse to approve the estate accounts. Ask them to identify the disputed entry. Provide the relevant explanation and evidence while protecting other people's private information. If the refusal is unreasonable or the dispute cannot be resolved, seek advice before making the final distribution.

Complaints about solicitors or professionals

First identify whether the complaint concerns delay, communication, cost, advice or professional conduct. Write to the firm with dates, documents and the outcome sought. Use the formal complaints procedure and allow the stated response period.

If the complaint remains unresolved, the appropriate ombudsman, regulator, insurer or professional body may be relevant. Different organisations deal with service, conduct and compensation, so use the correct route. Keep the estate administration moving where possible rather than allowing the complaint to freeze unrelated work.

When mediation can help

Mediation is useful where the parties need a practical agreement and continuing court proceedings would reduce the estate. It can address the sale of property, division of possessions, executor communication, disputed expenses and the terms of a settlement.

The mediator does not decide who is right. The parties retain control of the outcome. Each person should understand the evidence, legal position and financial consequences before signing an agreement.

Mediation is not suitable as a way to conceal fraud or avoid urgent protective action. It is one route, not a reason to delay when assets are disappearing.

When court intervention may be necessary

Court proceedings may be needed to determine the validity or meaning of a will, remove or replace a personal representative, order an account, recover estate assets, resolve ownership or approve a course of action.

Litigation carries cost, delay and risk. Obtain specialist advice about the evidence, likely benefit and alternatives. Do not assume that legal costs will automatically be paid by the estate. A person who acts unreasonably may face personal costs consequences.

A practical escalation process

1. Define the problem in one or two sentences.

2. Protect any property, money, documents or evidence at immediate risk.

3. Build a dated chronology and collect the relevant records.

4. Ask for the missing information or action in writing.

5. Separate undisputed administration from the disputed issue.

6. Obtain an independent valuation or professional opinion where it may resolve the facts.

7. Consider a family meeting or mediation.

8. Use the professional complaints process where appropriate.

9. Obtain specialist legal, tax, property or insolvency advice when the risk is significant.

10. Consider court intervention only with a clear understanding of the purpose, cost and alternatives.

When things go wrong checklist

1. Stop any distribution that could make the problem harder to correct.

2. Identify the exact issue and the people legally responsible.

3. Protect estate assets, insurance, records and digital access.

4. Keep communications factual, dated and in writing.

5. Preserve the original will and all supporting evidence.

6. Reconcile accounts before alleging that money is missing.

7. Disclose conflicts and obtain independent evidence.

8. Do not use self-help against an occupier or suspected debtor.

9. Pause and obtain advice if the estate may be insolvent.

10. Trace missing beneficiaries and verify deaths or changed identities.

11. Use mediation where a negotiated result is possible.

12. Act quickly where fraud, dissipation or serious misconduct is suspected.

13. Understand the likely cost before beginning litigation.

14. Record the resolution and update the estate accounts.

Problems in an estate rarely improve through silence, assumptions or hurried distribution. The personal representatives should slow the process down, protect what remains and create a reliable record. Many disputes can be resolved through information, independent evidence and mediation. Others need prompt specialist action. The important point is to recognise the difference before avoidable loss occurs.

The next chapter explains how to complete the administration, close accounts, retain records and confirm that the personal representatives' work has ended.