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Disputes between beneficiaries and executors about estate accounts are among the most common forms of probate litigation. Beneficiaries have enforceable rights to information and honest accounting — executors have a duty to account to them. Understanding both sides of this relationship is essential for avoiding or resolving disputes.
Beneficiaries of a residuary estate (those entitled to a share of the residue) have a right to:
Note: specific legatees (those entitled to a specific item or sum rather than a share of residue) have narrower rights — they can demand their specific legacy be paid but do not have the same automatic right to see full residuary accounts.
For the accounts themselves, see our estate accounts guide.
The most frequent disputes about executor accounts involve:
If informal resolution fails, a beneficiary can apply to the court for the accounts to be "passed" — a formal court process in which the executor produces accounts and the court scrutinises them. The application is made to the Chancery Division of the High Court (or the County Court for smaller estates).
On a passing of accounts, the court can:
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Court proceedings are expensive and time-consuming. Costs typically come from the estate — if the dispute is found to be without merit, the court may order the disputing beneficiary to pay costs personally.
The executor has a fiduciary duty to the beneficiaries. This means:
Breach of these duties can result in personal liability. Even an innocent mistake can give rise to a claim if it causes loss to a beneficiary.
An executor can significantly reduce the risk of disputes by:
Most disputes can be resolved without court proceedings if both parties are willing to engage. Options include:
Courts increasingly expect parties to attempt mediation before litigation. Unreasonable refusal to mediate can affect costs awards.
For removing an executor who refuses to act, see our stepping down as executor guide. For disputes between co-executors, see our multiple executors disagreement guide. For executor accounting obligations, see our executor accounting to beneficiaries guide. For distributing the estate, see our distributing the residuary estate guide. For the complete post-grant administration sequence, see our what to do after grant of probate guide and estate administration checklist. For the full probate context, see our complete UK probate guide 2026. Farra can help — get started here.
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