⚖️ PRACTICE GUIDE | SECTION 25 AEA 1925 & CPR PART 64

A Beneficiary Has Requested Estate Accounts: How Should an Executor Respond?

Keep clear estate accounts, respond reasonably and match disclosure to the beneficiary’s interest, the administration stage and the specific question.

Estate accounts are different from the whole administration file. A request does not automatically entitle a beneficiary to every email, attendance note or working paper. Assess relevance, confidentiality and privilege; do not assume all solicitor correspondence is protected.

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When a beneficiary asks for estate accounts or starts putting pressure in this domain, generally, an executor must be ready to provide estate accounts to a residuary beneficiary.

The important thing in this scenario is to remain calm and just focus on the long-term objective, which is resolving the estate, reaching a satisfactory conclusion.

In that scenario, the key is to balance out what is your requirement, what is reasonable to provide, against information which is over-detailed and does not directly relate to the beneficiary’s entitlement.

What should an executor provide?

Identify the beneficiary’s interest and specific question.

  • Residuary beneficiaries: ordinarily have a legitimate interest in the estate accounts and the calculation of the net residue.
  • Specific or fixed cash beneficiaries: may need narrower information about their gift, including whether sufficient assets are available and any matter affecting their entitlement. The appropriate scope depends on the circumstances.

Keep records of assets, liabilities, receipts, payments and distributions throughout administration.

Where final accounts are not ready, consider providing an accurate inventory of assets and liabilities, interim accounts or both, with an explanation of outstanding matters and a realistic update timetable. Identify the period covered and distinguish confirmed figures from estimates.

An inventory describes the estate’s assets and liabilities; an administration account explains how the estate has been dealt with. Providing an inventory can help answer immediate concerns, but does not necessarily discharge an obligation to provide fuller accounts. If a summons or order has arrived, address its specific requirements and deadlines.

Relevant bank statements, invoices or valuations may be needed to explain a discrepancy. Protect irrelevant personal information without concealing relevant entries.

Asked to provide estate accounts? Check your response.

Optional: identify missing records, unanswered questions and formal deadlines, then keep your summary.

No email needed. This does not certify your accounts or fulfilment of duties.

Start the executor accounts check →

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Accounts, supporting records and objections

Identify the account entry, supporting record and question to answer.

Estate accounts

The organised summary of assets, liabilities, receipts, payments and distributions.

Supporting documents

Statements, invoices, valuations or completion records that help explain an entry or discrepancy.

A specific objection

A question about an entry, omission or calculation, and what would explain it.

A concern need not be proved before it deserves consideration.

“There is £51,000 in the bank. Why are you keeping £6,000 back?”

Fictional example. Two siblings share the residue equally. The executor reports £51,000 in the estate bank account, but proposes distributing £45,000. One sibling suspects that £6,000 has disappeared.

The figures below show a different position: the £6,000 is still in the bank. It is a proposed reserve for an estimated £4,500 tax bill and £1,500 final accountancy fee.

The useful question

“Please show the basis for those estimates, confirm that the £6,000 remains in the estate account, and explain when the reserve will be reviewed.”

A bank balance, accounts showing money already paid, and an estimate of future bills answer different questions. A reserve needs explaining; it should not be presented as an expense already paid.

Follow the money: what was received, paid and retained?

Simplified figures for the fictional estate above.

Capital collected
£100,000Estate assets realised and money collected.
Income received
+ £1,000Interest received by the estate.
Debts and expenses paid
− £10,000Payments already made, supported by records.
Interim distributions paid
− £40,000£20,000 already paid to each sibling.
Cash still in the bank
£51,000£101,000 received less £50,000 paid.

Proposed reserve

£6,000

£4,500 estimated tax + £1,500 estimated accountancy fee. Still part of the £51,000 cash balance.

Balance to assess for distribution

£45,000

£51,000 less the proposed reserve. If distributable equally, this would be £22,500 each.

The distinction: the reserve has not disappeared and must not be deducted twice. Its amount and continued need still require explanation. These figures do not establish that a distribution is safe.

Real accounts may also require separate capital and income accounts, assets transferred without sale, tax details and beneficiary calculations.

How to structure a practical response

  1. Define the question. Distinguish progress, accounts and a particular transaction; check earlier replies for the unanswered point.
  2. Respond with evidence. Supply available information, explain gaps and give a realistic update date.
  3. Keep the record. Retain requests, replies and documents supplied, explaining any redaction or limitation.

Complex estates or unexplained transactions may justify extensive supporting material; a large request is not necessarily unreasonable.

Documents and facts to locate if you have them

Use these records to support your response or enquiry; mention anything unavailable.

  • The will or intestacy position, any Grant and the beneficiary’s entitlement.
  • Available accounts, asset and liability schedules, and records supporting the disputed entries.
  • The correspondence and disclosure record described above.
  • Outstanding administration work, relevant dates and any formal notice or deadline.

What if a beneficiary refuses to approve estate accounts?

Residuary beneficiaries’ written approval is good practice, not a statutory requirement or an automatic veto over distribution. Assess how the unresolved objection affects payment.

Accounts approval, acknowledgment of payment and release of claims are different. Payment does not extinguish later claims; wanting a broad release does not itself justify withholding an established entitlement. See the Law Society guidance on refusal to approve accounts.

How can an executor break an estate-accounts stalemate?

Address gaps or errors, then assess whether unaffected work or payments can proceed with an appropriate reserve. For remaining disputes, consider negotiation, independent review or mediation. Refusal to sign alone does not require proceedings.

Match the response to the actual objection

Before payment, check entitlement, calculations, liabilities, claims, orders and undertakings. This matrix is a starting point, not authority to distribute.

Estate accounts: objection and practical response
PositionWhat the executor can considerWhat matters before proceeding
Silence or refusal without a specific objectionGive reasonable notice of the intended payment and consider distribution without approval.The estate must otherwise be ready. Silence is not consent or a release.
Repeated questions already adequately answeredRefer to the dated answers and bring repetitive correspondence to a clear close.Check for new evidence or a genuinely different point. Continue necessary administration updates.
A relevant information gap or apparent errorProvide a focused explanation or supporting record; correct an error and recalculate affected payments.Pause affected payments where necessary; assess whether other payments can proceed.
Disputed expenses or professional feesReview the payment, purpose and supporting records; consider targeted negotiation or independent review.Accounting for expenditure and assessing a solicitor’s charges are different exercises. See Mussell below.
An allegation about past administrationAssess the allegation separately from the beneficiary’s established entitlement.For example, an alleged undervalue sale does not automatically justify withholding that beneficiary’s share. Consider whether payment itself creates or increases a risk.
Uncertain entitlement or competing claimsRetain affected funds, seek agreement or obtain specialist advice about directions.Avoid paying money to someone who may not be entitled. A justified reserve may allow other payments.
Unpaid tax, debts or necessary expensesCalculate a reserve and consider distributing the surplus.Keep sufficient funds for obligations; record the calculation and review point.

Related guidance: estate money that cannot be distributed and co-executors withholding records or participation after probate.

Case example: Mussell v Patience

In Mussell v Patience [2018] EWHC 430 (Ch), two beneficiaries declined to approve the estate accounts. The executors sought court approval and directions; the judge treated the proceedings as the taking of an account (paragraphs 2–4).

For disputed expenditure, the executor initially had to establish that the money was spent and that it related to proper estate administration. A receipt or invoice would normally support that position, subject to contrary evidence from the beneficiaries. The judge distinguished that exercise from detailed assessment of solicitors’ charges: an executor was not initially required to supply hours, rates and a detailed work breakdown simply to support each entry (paragraphs 14–17).

Practical lesson: provide evidence appropriate to the entry and consider a concrete challenge. The decision does not require endless explanations, prevent legitimate scrutiny or settle every question about document disclosure.

Who paid the costs?

In the later [2019] EWHC 1231 (Ch) judgment, the beneficiaries were ordered to pay 80% of the executors’ litigation costs on the standard basis. The executors could recover the balance between that recovery and their costs on the indemnity basis from the estate, having acted properly and reasonably (paragraphs 16–20).

The judge distinguished personal animosity from the legal nature of the dispute (paragraph 15). Neither costs against beneficiaries nor the executor’s recovery from the estate is automatic.

Would mediation or court proceedings be proportionate?

Consider targeted negotiation, an agreed accountant’s review or mediation for a defined disagreement. Mediation is unnecessary merely to obtain a signature where administration can otherwise be completed properly.

Before court, identify the order needed and compare its likely benefit and cost against the amount and interests at stake. The CPR overriding objective supports ADR and proportionality. Human Law assesses non-court options; wider proceedings under Part 64 require a litigation practitioner.

How can the court approve disputed estate accounts?

A Part 8 claim under CPR Part 64 can seek settlement or approval of identified accounts and distribution directions. A genuine unresolved question may justify an application without proving that the beneficiary is obstructive or every objection unmeritorious.

Under Practice Direction 40A and the court’s directions, the executor ordinarily verifies and files the account. Objectors identify alleged inaccuracies, grounds and amounts so far as possible in verified written objections. The court determines disputes and any corrections.

Approval binds according to the matters determined, parties and order; it is not a blanket release. This contested account-taking requires a litigation practitioner and differs from a Registry order simply requiring production of an inventory and account.

Handling court papers and inventory-and-account summonses

Straightforward applications are, in our experience, commonly decided on the papers. They remain formal proceedings with costs risks: under NCPR rule 63, the Registrar decides who pays and to what extent.

Respond even without a listed hearing: supply accounts, consent to an appropriate order or file evidence explaining an objection or difficulty. Follow the order; seek advice on an extension before the deadline if necessary. Informal agreement does not itself change a court deadline. Unjustified non-compliance may lead to personal costs or enforcement.

Legal duties, the executor’s year and costs

Section 25 of the Administration of Estates Act 1925 requires personal representatives to collect and administer the estate and, when required by the court, exhibit an inventory and render an account. Keep records of assets, liabilities, receipts, payments, income, tax, transactions, expenses and distributions.

Under section 44, a personal representative is not bound to distribute before one year from death. Complex or disputed estates may take longer. This concerns distribution: it does not excuse inadequate records, refusal of reasonable information or disregard of an inventory-and-account application. A caveat blocking a Grant does not remove the need to preserve assets and keep records.

Properly incurred ordinary accounting costs are generally administration expenses. Reconstruction, duplicate bundles or forensic work may cost more; explain scope and estimates before incurring them. Do not assume additional costs can simply be deducted from the requester’s entitlement. Agreement, advice or court determination may be needed.

Executors may recover legal expenses properly incurred in estate administration. A solicitor’s invoice alone does not establish that entitlement. Keep records of the work’s purpose and why the estate should bear it.

For proceedings within CPR 46.3, the general rule permits recovery from the estate of the representative’s costs not recovered from or paid by someone else. Costs recoverable under that rule are assessed on the indemnity basis.

Under Practice Direction 46, paragraphs 1.1–1.2, proper incurrence depends on all the circumstances, including court directions, whose interests the proceedings served and unreasonable conduct. Defending a claim seeking relief against the executor personally does not, by itself, establish that the defence served a personal rather than estate interest.

Entitlement and amount are separate questions. The estate indemnity concerns recovery from estate funds; indemnity-basis assessment determines the recoverable amount. Under CPR 44.3, unreasonable costs remain disallowed, although assessment doubts are resolved in the receiving party’s favour. This is not a promise that every bill will be paid, nor does that basis alone imply wrongdoing by an opponent.

Do you need information, or a change of executor?

Distinguish:

  • Missing information: request records with a realistic timetable; consider an inventory-and-account application if the duty remains unfulfilled.
  • A disputed transaction: identify the payment and explanation. Accounts do not necessarily resolve liability or entitlement.
  • Blocked administration: assess the effect on the estate and possible practical changes. Replacement is a separate question: see our executor removal guide.

Continue reasonable information responses and administration work that can properly proceed.

What if an executor or trustee has paid expenses personally?

For reimbursement, evidence the amount, date, purpose, personal funding and proper incurrence, including authority and costs caused by delay or breach.

In Begg v Wood [2026] EWHC 2622 (BP) (14 October 2026), trustee reimbursement claims failed where expenditure, personal funding or proper incurrence was unproved. Mortgage expenditure prolonged by the trustee’s breach was also refused (paragraphs 52–54 and 64). This trustee-indemnity decision illustrates the need for evidence; it does not make every disputed expense irrecoverable.

Can a lay executor charge for their own time?

A lay executor has no automatic right to payment for time. Remuneration is different from expenses: identify the authority relied upon, such as a charging clause, valid beneficiary agreement or court order. If STEP provisions are relied upon, check the exact edition and wording incorporated into the will. Explain the work, time and rate separately; a reasonable amount does not itself establish entitlement.

Charging clauses: Da Silva v Heselton

In Da Silva v Heselton [2022] EWCA Civ 880, the charging clause permitted payment only for work within the executor’s relevant profession or business. Running a business did not authorise charges for all administration work. The particular wording matters.

Secrecy allegations and unresolved requests

What if the executor is accused of being secretive?

The allegation alone does not establish misconduct. Identify the information sought, explain what has been supplied and why anything remains unavailable. Preserve records and seek prompt advice where missing assets, unexplained payments or deliberate concealment are alleged.

Try a focused schedule of questions, targeted disclosure, an accountant’s input, negotiation or mediation. A formal inventory-and-account application under section 25(b) is made by summons under NCPR rule 61(2). That is distinct from wider legal proceedings to take accounts or determine administration questions under CPR Part 64 and Practice Direction 64A. The appropriate route depends on the relief needed.

A request is not a court order; the court determines relief, evidence and costs. An order does not necessarily open the entire file. Human Law’s agreed Probate Registry work is distinct from wider contested litigation, removal proceedings and trial representation. Detailed forensic reconciliation requires separate assessment or referral.

Case law: accounting duties, procedure and enforcement

Ali v Taj [2020] EWHC 213 (Fam) confirms the importance of the duty to account and the power to proceed without an oral hearing. Proper procedure and an opportunity to respond still matter.

In Hughes v Morgan and Chidlow [2024] EWHC 2132 (Ch), persistent breaches of inventory-and-account orders led to contempt findings, fines and indemnity costs for the substantive contempt application. Enforcement is a separate step, with its own risks and expense; these consequences are not automatic.

Alizade v Kudlick [2023] EWHC 1082 (Ch) illustrates an exceptional refusal to order further accounts after decades of delay, taking account of existing accounts, missing records, health and disproportionate burden. An application is not risk-free; its purpose and circumstances matter.

If circumstances change

Keep new requests or solicitor’s letters with your previous responses and check for a deadline or different allegation.

For formal deadlines, legal proceedings or immediate asset risks, seek prompt appropriate advice; do not wait for Stage 01.

Related guidance: beneficiary pressure and communication and responding to threatened executor removal.

Justin Patten, Solicitor

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General information for England and Wales, not advice on an individual estate. The appropriate response depends on the documents and circumstances.

About the author: Justin Patten, Solicitor, principal of Human Law and author of The Out-of-Court Executor. About Justin Patten →