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Probate Mistakes UK: Executor Errors to Avoid

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Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
Taking on the role of executor is one of those jobs most people only do once or twice in a lifetime, usually at a difficult emotional moment. The trouble is, the law does not grade on a curve. Executors carry real personal responsibility for getting the administration of an estate right, and mistakes can lead to financial liability, delays, family disputes, and unwanted attention from HMRC. I have seen well-meaning relatives land themselves in serious difficulty simply because they did not know what they did not know. This guide walks through the errors that come up most often in probate, why they matter, and the practical steps you can take to avoid them. Whether you are about to apply for a grant of probate or you are already knee-deep in paperwork, knowing where the landmines are buried is half the battle.

Overview

Probate is the legal process of proving a will is valid and giving the executor authority to deal with the deceased person's assets. In England and Wales, this usually means applying to the Probate Registry for a grant of probate (where there is a will) or letters of administration (where there is not).

Once granted, the executor or administrator is legally responsible for gathering in the estate, paying debts and tax, and distributing what remains to the beneficiaries. The role sounds administrative, but it carries fiduciary duties. That means an executor must act in the best interests of the estate and its beneficiaries, keep proper records, and follow the will to the letter.

Get it wrong and you can be held personally liable, not the estate. Common problem areas include distributing assets too early, missing beneficiaries, paying the wrong amount of inheritance tax, and failing to spot a later will. Most of these mistakes are avoidable with a bit of care and, where the estate is complex, some outside help.

Key steps

  1. Confirm you have the correct, most recent will. Before you do anything else, verify that the will in your hands is the final version. Check for codicils, ask the deceased's solicitor, and consider a formal will search through the National Will Register. Distributing under a superseded will can make you personally liable to the rightful beneficiaries, so this first check really matters.
  2. Check the will is legally valid. A will must be signed by the testator and witnessed correctly to be valid in England and Wales. Marriage, divorce, or concerns around mental capacity or undue influence can all affect validity or revoke parts of a will. If anything looks off, pause and take guidance before you apply for probate or start dealing with assets.
  3. Identify and trace every beneficiary. Some wills leave gifts to classes of people, such as 'my grandchildren' or 'my nieces and nephews'. You are expected to make reasonable efforts to find them all, which can mean genealogical research or placing statutory notices. Missing a beneficiary and distributing without them can leave you on the hook for their share.
  4. Value the estate accurately and handle inheritance tax properly. You must value all assets and liabilities at the date of death and report them to HMRC. Inheritance tax may be due within six months of death, with interest accruing if it is late. Under-valuing property, forgetting lifetime gifts, or missing reliefs are frequent errors that can trigger HMRC enquiries and penalties.
  5. Pay debts before distributing and keep clear records. Do not rush to distribute the estate. Advertise for creditors under section 27 of the Trustee Act 1925 to protect yourself, settle all debts and tax liabilities, then distribute what is left strictly in line with the will. Keep estate accounts showing every penny in and out, ready to share with beneficiaries.
If you're dealing with this kind of situation, a call with an experienced legal adviser can help you work out the right next step — from £89.

Common questions

Q Can an executor be personally liable for mistakes?
Yes. Executors owe fiduciary duties to the beneficiaries and to creditors of the estate. If you distribute assets to the wrong person, miss a creditor, pay the wrong tax, or fail to find a beneficiary, you can be pursued personally for the loss. This is why taking your time, keeping records, and placing statutory notices to creditors is so important before you hand anything out.
Q What happens if a newer will is found after probate is granted?
If a later valid will surfaces after the grant, the original grant of probate can be revoked and a fresh application made under the correct will. If assets have already been distributed, the executor may need to recover them from the previous beneficiaries. This is one of the main reasons to carry out a thorough will search before applying in the first place.
Q How long does probate usually take in the UK?
A straightforward estate typically takes between six and twelve months to administer, though complex estates can run considerably longer. The grant itself can take several weeks to issue after application. Executors are generally expected to complete the administration within a reasonable period, often referred to as the 'executor's year', but this is a guideline rather than a hard deadline.
Q Do I need a solicitor to deal with probate?
Not always. For simple estates with a clear will, modest assets, and no disputes, many executors handle probate themselves. Professional help becomes valuable when the estate includes a business, overseas assets, trusts, potential inheritance tax, or any hint of a family dispute. Getting it wrong costs far more than getting advice early, so weigh up the complexity before going it alone.
Q What if the will appears to exclude a close family member?
Certain categories of people, including spouses, civil partners, children, and some dependants, can bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they feel the will does not make reasonable financial provision for them. Executors should be cautious about distributing the estate while any such claim is possible, as the time limit is usually six months from the grant of probate.
Q What is the biggest inheritance tax mistake executors make?
Forgetting to account for lifetime gifts made in the seven years before death is one of the most common. Executors also miss reliefs such as the residence nil-rate band or business relief, or under-value property. Any of these can lead to HMRC enquiries, additional tax, interest, and penalties. If the estate is near the tax threshold, take professional input on the IHT400 before submitting.
Q Can I be removed as an executor if I make mistakes?
Yes. Beneficiaries can apply to the court to have an executor removed if they are not performing their duties, acting in bad faith, or causing loss to the estate. The court can replace the executor with someone else. Honest mistakes do not always lead to removal, but persistent delay, conflicts of interest, or breach of duty certainly can.
If you're dealing with this kind of situation, a call with an experienced legal adviser can help you work out the right next step — from £89.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

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Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.