What can I do if an executor is not administering an estate?

Where executors are not administering an estate, it is possible to issue a citation to encourage action to be taken. There are three types of citation, which are as follows:

Citation to accept or refuse a grant

A citation to accept or refuse a grant can be used to force a party with a right to the grant to act. The party cited is required to enter an Appearance in response to the citation. If an Appearance is entered, then the appearing party must take reasonable steps to apply for the grant and administer the estate, otherwise the citor may apply to the court for a grant to be issued to them instead.

Citation to take probate

A citation to take probate is used where a personal representative has intermeddled with the estate but has failed to take steps to obtain a grant six months after the death. Intermeddling is where a person has taken some steps towards administering the estate, but fails to obtain a grant. A citation can be issued by anyone with an interest in the estate. If the citee fails to enter an appearance or comply with the citation, the citor can apply to court for the intermeddler to obtain a grant, or for a grant to be issued to someone else.

Citation to propound a will

If a person has made several Wills and a beneficiary discovers that they may receive less under an earlier Will or under intestacy, the beneficiary can apply to propound a Will. The person propounding the Will needs to prove the validity of the Will. If the citees fail to enter an appearance or to propound the Will, the citor can apply to the court to ask for an order for a grant as if the Will were invalid.

This content was originally posted as a guide to will and inheritance disputes produced by Sarah Atkinson, Ryan Taylor and Tom Dickinson for the National Will Register, which can be found here.