Rogue Executors On The Rise Again According To Lawyers

Law firm Irwin Mitchell says the issue of rogue executors is on the increase and predicts the number of cases in the High Court is likely to reach the high levels seen a decade ago.

An executor is an individual appointed in a will to administer the deceased’s estate. Their role includes gathering and managing the estate’s assets, paying any debts and taxes, and distributing the remaining assets to the rightful beneficiaries as specified in the will. Executors have a fiduciary duty to act in the best interests of the estate and its beneficiaries, ensuring that the deceased’s wishes are honoured, and the estate is handled properly.

According to the latest figures, the number of Executors of Wills being sued in the High Court reached 87 cases in 2023, up from 72 cases in 2022. However, in 2011, 2012, 2016 and 2017, the number was over 100 in each year.

Examples of Rogue Executors:

• Refusal to Pay Out: Executors may refuse to distribute assets to rightful beneficiaries due to personal disapproval of the beneficiary’s lifestyle or choices.
• Commingling Funds: Some executors mix estate funds with their own money or combine funds from multiple estates, leading to financial mismanagement.
• Misappropriation of Property: Executors might transfer or register an estate property in their own name.
• Undisclosed Loans: Executors may fail to disclose loans they received from the deceased, which remain unpaid.

Expert Opinion

“Rogue executors can cause significant distress and financial loss to beneficiaries and it’s crucial to recognise the signs of misconduct and take appropriate legal action to protect the estate and the interests of the beneficiaries.

“Factors like complex family dynamics, higher estate values, and lack of oversight are contributing to this rise and we predict that the number of rogue executor cases will continue to increase in 2025, potentially reaching or even exceeding the levels seen in previous peak years.

“Rogue executors can face serious consequences, including removal from office, repayment of misappropriated funds, personal liability for legal costs, and even criminal charges in severe cases.”
Stephanie Kerr, a partner and specialist in will, trust, and estate disputes at Irwin Mitchell