28/08/2026
⏳ An executor who delays could put an entire estate—and themselves—at risk.
Being appointed as an executor is not merely an honour; it is a legal responsibility.
An executor owes fiduciary duties to the beneficiaries of an estate and is required to administer the estate diligently, honestly and within a reasonable timeframe. This includes identifying and protecting estate assets, paying debts, lodging tax returns where required, and distributing the estate in accordance with the Will.
Unfortunately, some estates remain unadministered for months or even years due to inaction, poor decision-making or disputes. Unreasonable delay can have serious consequences, including:
✔ Financial loss to the estate through depreciation of assets or ongoing expenses
✔ Personal liability for losses suffered by beneficiaries
✔ Applications by beneficiaries to compel the executor to act
✔ Court orders requiring the executor to account for their administration
✔ Removal and replacement of the executor by the Court in appropriate circumstances
An executor who fails to fulfil their legal obligations may be held personally responsible for any loss caused by their breach of duty.
If you are an executor who is unsure of your obligations, or a beneficiary concerned about delays in the administration of an estate, obtaining timely legal advice can help protect your rights and avoid costly litigation.
At Stephens & Tozer Solicitors, we regularly advise executors and beneficiaries on estate administration, disputes, and applications to the Court where an executor has failed to properly discharge their duties.
📞 Get legal guidance today.
