Why Independent Legal Advice Matters
A recent regulatory decision has provided a stark reminder of the difficulties that can arise when executors of an estate become embroiled in a dispute. The case concerned a solicitor who continued to act for two executors after their interests had diverged, ultimately leading to a sanction from the Solicitors Regulation Authority (SRA).
While every case turns on its own facts, the decision highlights an issue that frequently arises in contentious probate matters: what happens when those responsible for administering an estate no longer agree? Additionally, the risk of serious regulatory problems for a solicitor and law firm that continues to act when the joint executor clients have a conflict.
The Problem: Executors With Conflicting Interests
At the beginning of many estate administrations, executors can appear aligned in their common objective of administering the estate. However, tensions often develop where one executor is also a beneficiary, occupies estate property, questions financial decisions or disagrees over the sale of assets. Once personal interests begin to conflict, a solicitor continuing to act for multiple parties can become problematic. The recent SRA decision demonstrates the professional risks that arise where those conflicts are not recognised and addressed promptly.
Why Executor Disputes Are Increasing
Modern families are increasingly complex. Second marriages, blended families, lifetime gifts, informal arrangements and rising property values all contribute to disagreements after death. Executors frequently find themselves balancing family expectations while discharging strict fiduciary duties. Where communication breaks down, disputes can quickly escalate into allegations of misconduct, delay, bias or breach of duty.
The Consequences of Delay
Many executor disputes begin as relatively minor disagreements. Unfortunately, unresolved tensions often result in prolonged administration, increasing legal costs, frozen assets and damaged family relationships. In serious cases, applications may be made to remove executors, compel disclosure of estate information or seek court directions regarding the administration of the estate.
What Happened To The Solicitor After The SRA Investigation
Ms C, an experienced solicitor (qualified in 2003) based in the West Midlands was instructed in May 2022 by two executors to act in the administration of their mother’s estate, which included a property that one of the executors occupied along with their family.
During the administration of the estate, a dispute arose about the property between one executor as a beneficiary of the estate and the other executor as the occupant of the property. The executors’ respective interests then conflicted, and they were no longer aligned in their duties as executors to administer the estate.
As a result of the dispute, Ms C’s duty to act in the best interests of the executors became conflicted. She had been engaged by the two executors. However, Ms C continued to act.
In February 2025, Ms C sent a letter to the executor in occupation of the property demanding they vacate the property. The content of that letter was held by the SRA to go beyond what would be considered appropriate professional communication as it was derogatory and personal in tone, inappropriate in a solicitor-client relationship and likely to cause distress to the recipient.
As part of the SRA investigation Ms C admitted that she acted where there was a conflict and failed to act in her clients’ best interests, in breach of SRA rules. Additionally by sending the letter, she failed to act with independence, damaged public trust and again did not act in her client’s best interests.
The SRA upheld the complaint raised by the executor in occupation and sanctioned Ms C and determined she had been “reckless as to her regulatory obligations” in continuing to act despite there being an “evident conflict” and the letter had “a significant impact on executor B”.
How a Contentious Probate Team Can Help
Specialist contentious probate solicitors involvement at an early stage can avoid conflicts and protect the interests of those involved. Advice may include reviewing the conduct of executors, addressing concerns regarding estate administration, negotiating practical solutions, seeking mediation or pursuing court proceedings where necessary. Early specialist advice can prevent matters from becoming more expensive and entrenched.
When Should You Seek Advice?
You should consider obtaining specialist advice if an executor fails to respond, there is disagreement about the sale or occupation of estate property, concerns have arisen regarding estate funds, administration has stalled without explanation, or relationships between executors have broken down. Prompt action can protect both the estate and your personal position.
Our Approach
Our Contentious Probate team regularly advises beneficiaries, executors and trustees in relation to complex inheritance and estate disputes. We understand that these matters are often emotionally charged as well as legally complex. Our focus is on providing clear, practical advice aimed at achieving the best outcome while minimising stress, delay and unnecessary cost wherever possible.