Executor Nightmare: When Your Chosen Person Can’t (or Won’t) Do the Job

Losing someone you love is already devastating. The last thing you need is learning that your executor isn’t returning calls, refuses to handle paperwork, or has simply walked away from their responsibilities altogether.

These executor issues are, sadly, much more common and often start as minor hold-ups that leave beneficiaries in limbo.

At Securator Legal, we focus on succession law and regularly assist families with executor disputes. Our estate lawyers are here to support beneficiaries and make the process as simple and clear as possible.

So don’t panic, you’re in the right place. In this post, we’ll cover what an executor does, common problems that can happen, and what you can do if things go wrong.

Let’s start with a quick look at the responsibilities of an executor.

What an Executor Is Supposed to Do

The executor’s job goes far beyond just handing out inheritance cheques to family members. They’re essentially running a complex business operation whilst everyone around them is grieving.

The main responsibilities of an executor include:

• Getting legal permission from the court to act on behalf of the deceased person’s will
• They have to file final tax returns and pay any money the government is owed
• Working through all the bills, loans, and other money problems using what the deceased person left behind
• Sometimes they have to turn property, shares, or personal belongings into cash to cover expenses
• Making sure the remaining assets actually get to all the beneficiaries mentioned in the will

Handling this process means going to many different places. Banks want death certificates, government offices require forms, and insurance companies have their own procedures. At the same time, family members keep checking in for updates.

Are you starting to see why some people struggle with these duties?

Most people who become executors do try their best, even when the job feels impossible. They know that beneficiaries are depending on them to handle everything properly.

Now you might be wondering what if the executor named in the will simply can’t (or won’t) handle these duties.

Common Executor Problems That Can Disrupt Your Estate

Executors can get overwhelmed for different reasons. Maybe life gets in the way, or they aren’t willing, or they have their own plans. Here is what can go wrong.

Refusing to Act or Disappearing

This is probably the most frustrating problem families face. The executor starts off seeming keen to help, but then they just vanish. They stop answering phone calls, don’t reply to texts, and basically ignore everyone who’s waiting for answers. 

During this time, the family members can only wait anxiously while all the deceased person’s belongings sit unused.

More than One Executor

Having more than one executor named in the will might sound like a good safety net, but it often creates new headaches. One might want to sell the house quickly, while the other insists on waiting for better market conditions.

These disagreements can turn into full-blown arguments about what the deceased person really meant in their will. Before you know it, they’re refusing to cooperate on even the simplest tasks.

Mismanaging Funds

Now, some executors help themselves to cash from bank accounts or use estate money to pay their own bills. They might think nobody will notice, or they convince themselves they deserve extra payment for all their hard work. 

Either way, beneficiaries watch their rightful inheritance shrink with every unauthorised transaction.

Legal Issues and Court Delays

Court battles can drag on for months or even years, especially when executors challenge parts of the will or face disputes from angry family members. Legal disputes like this eat up both time and money, leaving everyone exhausted and frustrated.

Fortunately, you can take action instead of watching your inheritance vanish.

Replacing an Executor: What You Need to Know

If your executor can’t handle the job properly, you’re not stuck with them forever. The law gives you several ways to get someone competent in charge of the deceased’s estate, though each option works differently depending on your situation.

Here are your main choices for removing an executor:

• Many wills name a substitute person in case the first choice can’t serve, so this might be your quickest solution.
• You can ask the court to remove the current executor and appoint someone new who will actually do the work.
• If the original executor refuses outright or has died, someone else can apply for legal authority to administer the estate instead.

The process can be intimidating, but experienced lawyers can guide you through each step so you don’t have to handle it alone. Even if money is tight, legal aid might be available to help you take action before the situation gets worse.

The most important thing is acting quickly rather than hoping the executor will suddenly start doing their job properly.

Don’t Let a Failing Executor Hold Up Your Estate

Now that you see how executors can fail, it’s up to you to take control and prevent delays.

Don’t let a failing executor stand in the way. You can still take control over the situation and keep your estate on track.

Here’s a quick recap of what we’ve covered:

• Executors have serious duties like getting probate, paying debts, and distributing assets properly
• Common problems include disappearing acts, money mismanagement, and endless court fights
• You can replace problem executors through backup appointments or Supreme Court applications
• Legal help is available, including legal aid, if you need financial support

If you’re dealing with an executor dispute, Securator Legal can help families resolve conflicts and get estates back on track. Contact us today to discuss your situation and explore your options.