What to Do If the Executor Does Not Follow the Will

If you're concerned about will executor misconduct, you're likely witnessing behaviour that contradicts the instructions laid out in the will or violates the executor’s legal duties. An executor is legally required to carry out the terms of the will faithfully and to act in the best interests of the estate and its beneficiaries. When they fail to do so, you have the right to seek accountability and, if needed, legal remedies to enforce will compliance.

1. Identify the Type of Misconduct

Will executor misconduct can take many forms, including:

• Ignoring or altering the terms of the will
• Distributing assets incorrectly or unfairly
• Failing to pay debts or taxes before distributions
• Delaying the administration process without a reason
• Withholding information from beneficiaries
• Using estate assets for personal benefit

These behaviours may be intentional or due to incompetence, but either way, they can harm the estate and its rightful heirs.

2. Request an Explanation and Documentation

Start by formally asking the executor for:

• A clear explanation of decisions made
• A timeline for asset distribution
• A copy of the will and probate documents
• Financial records or an estate accounting

If they refuse or provide inconsistent responses, this may further support your claim of noncompliance.

3. Consult an Estate Litigation Lawyer

When efforts to resolve issues informally fail, the next step is legal. A lawyer can:

• Demand a formal accounting
• File a court application to enforce will compliance
• Seek compensation for losses caused by executor mismanagement
• Advise on the strength of a removal application

4. Apply to the Court for Relief

If the executor continues to violate their duties, the court can:

• Order them to comply with the will
• Compel them to pass their accounts
• Remove and replace the executor
• Hold them personally liable for damages

Courts take these matters seriously, especially when will executor misconduct threatens the interests of beneficiaries.

Key Takeaway

Executors are not above the law. If they fail to follow the will, beneficiaries are not powerless. With the right legal approach, you can pursue will compliance, protect the estate, and ensure that your loved one’s wishes are properly carried out.