What can be done so that families aren't "held hostage" by probate delays or executor inaction? This article examines the role of funding and how it works to alleviate any difficulties.

The following article is from George Williamson (pictured below), chief executive and founder of Level, a legal lender specialising in family law and probate. He touches on an important area – the duties owed to beneficiaries of wills and why executors’ delays and failure to fulfill their obligations must be addressed.

Considering the topicality of wealth transfer, inheritance and tax, the matters discussed here are important. We thank the writer for his views; the usual editorial disclaimers apply to views of guest authors. To comment, email tom.burroughes@wealthbriefing.com and amanda.cheesley@clearviewpublishing.com

George Williamson

The number of British people who have made a will recently reached a record 41 per cent of the adult population, according to the UK Wills & Probate Consumer Research Report. One knock-on effect is that there are now more executors appointed than ever before. Most of them do a very good job in administering the deceased’s estate; unfortunately, some of them fall short in fulfilling their obligations.

Being an executor is often perceived as a hallmark of trust from the deceased person. But the role is not just honorary: executor responsibilities are strict legal obligations, not merely optional good practice.

Executors are required by law to keep beneficiaries informed, to administer the estate transparently and to apply for probate without delay. They also have a fiduciary duty to act in the best interests of the estate and the beneficiaries. Critically, that means acting in a timely manner to gather in assets and settle liabilities promptly, while preserving the value of the estate.

Beneficiaries are invariably unaware of the extent of the duties owed to them and, as a result, these duties are sometimes ignored. When an executor goes silent, beneficiaries pay the price. In the most egregious examples, executors may mismanage the estate or misappropriate property from it.

More often they are simply inept. Inexperience, lack of capacity or inertia are far more common than bad faith. But when an executor delays basic steps and leaves beneficiaries completely in the dark, it places them in a very difficult position.

Even more serious is when executors do not respond to information requests or fail to undertake their duties at all. The consequences can be severe as liabilities accumulate. Prolonged silence can destabilise estates, create insurance risks and lead to the deterioration of property that needs to be maintained, often resulting in avoidable loss of value.

Executor inaction of this kind is no longer a marginal concern. When communication has collapsed, the administrative and emotional toll on families can be enormous. Beneficiaries therefore need practical, legally compliant routes that can help to accelerate probate and keep estates functioning, particularly where assets are illiquid and costs continue to fall due.

There are, of course, formal tools available, including requests for information, targeted legal steps and seeking to replace the executor. In extreme cases, beneficiaries can issue a citation, a formal legal notice which compels executors to apply for probate or step aside. Failing that, court proceedings may be brought to remove them.

Pursuing such legal remedies is often time-consuming and expensive, with the cost ultimately borne by the estate itself. But there are other options which can help to relieve immediate financial stress.

Authorised and regulated by the Financial Conduct Authority (FCA), specialist legal fee lenders can provide essential financial continuity. Probate lending is becoming an increasingly important part of the system, allowing estates to progress in a timely and orderly manner even when executor engagement has fallen away. Used appropriately, it does not replace proper administration or oversight but instead removes time pressure and prevents avoidable value erosion.

Probate loans are secured against the inheritance and repaid directly from the estate’s assets. They are made to beneficiaries to cover immediate estate costs such as inheritance tax, providing finance during a probate process that can last 12 months or longer. There is no personal liability, as repayment sits with the estate rather than the individual. In most cases, this funding is temporary and refinanced once probate is granted through traditional secured lending or orderly asset realisation.

Although a probate loan cannot fix family dynamics, it can overcome the financial bottlenecks that make difficult situations worse. This includes:

-- Immediate payment of IHT;

-- Funds to maintain, insure or clear vacant property;

-- Liquidity for probate-related costs and legal fees / disputes; and

-- Advances against inheritance, providing certainty during delay.

In summary, the objective is straightforward: to provide transparent, regulated and cost-effective funding so that families are no longer held hostage by probate delays or executor inaction. By doing so, probate lending can help protect families, preserve assets and keep estates moving when everything else has reached an impasse. When combined with proper legal advice and post-grant refinancing, it forms part of a sensible and proportionate approach to estate administration.