Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what assessment he has made of the adequacy of the (a) accessibility and (b) affordability of legal remedies available to beneficiaries and relatives seeking to challenge an executor or personal representative who they suspect of financial abuse; and whether he plans to review the support available to people who cannot afford the costs of contentious probate proceedings.

The position of personal representative or executor is one of significant responsibility; they are under a statutory duty to administer the deceased person’s estate according to the law and can be held personally liable if they do not.

There are a wide range of safeguards available to hold personal representatives accountable for the performance of their duties. This includes the ability to apply for a court order requiring the personal representative to provide inventory and account, allowing interested parties to understand how the estate has been administered. Applications can also be made to remove an executor, while allegations of criminal offences such as fraud can be investigated by the police.

Where disputes arise, the Government’s recognises the value of mediation in contentious probate proceedings and encourages parties to consider it as route to resolve their dispute. In some instances, the courts will be best placed to resolve a dispute. It is for those adversely affected to decide whether or not to take action.

As with any civil claim, there are costs involved, such as the cost of seeking professional advice. There are several options for support, including contingency fee or litigation funding arrangements, and the “Help with Fees” remissions scheme which is available to eligible users who are less able to reasonably afford to pay a court fee.