Structured Support for Executors Facing Probate Friction
Probate administration may be interrupted by a caveat, co-executor inaction, accounting concerns, or a threatened estate claim. Human Law helps personal representatives establish the relevant factual and procedural position, assess the available evidence, and select a proportionate next step.
Where Registry procedure, information exchange, negotiation, or ADR may restore progress, we provide defined fixed-fee support. If proceedings or representation on the court record become necessary, we organise the relevant documents and analysis for an efficient litigation handover.
* Human Law acts principally for executors and administrators and also supports professional advisers acting for personal representatives.
* The £400 Stage 01 fee is credited once against the first subsequent execution milestone instructed within 14 days.
Read our practical guide to power reserved, renunciation, citations and post-Grant deadlock.
CO-EXECUTOR REFUSING TO ACT—READ THE GUIDE →
Understanding Personal Representative Risk
Premature Distribution
Distributing an estate before material liabilities and known or reasonably anticipated claims have been considered may expose a personal representative to financial risk. The appropriate protection depends on the nature of the liability or claim.
Conflict and Challenge
Family disagreement can lead to allegations of delay, inadequate information, improper distribution, or breach of duty. Clear records and proportionate communication help the personal representative demonstrate how decisions were reached.
Increasing Administration Costs
Delay may increase insurance, council tax, interest, property, and professional costs. Identifying material carrying costs can help the parties assess the proportionality of continued disagreement.
Fiduciary Responsibility
Personal representatives remain responsible for the proper administration of the estate, but they may obtain professional assistance with procedural, evidential, and communication issues. We help clarify your position and progress administration through structured, out-of-court milestones.
Common Probate Friction Scenarios We Address
In a suitable pre-Grant case, the available options may include focused correspondence, power reserved, renunciation or a citation under NCPR rule 41. A post-Grant deadlock requires a different analysis and cannot ordinarily be resolved through a citation to accept or refuse the Grant.
Where a cited executor fails to appear, the consequence concerns their right to prove and act in the executorship. It does not, by itself, remove any separate beneficial entitlement under the will.
Has the Grant Been Issued?
This is the critical dividing line when a co-executor refuses to participate.
- Before the Grant: power reserved, renunciation, incapacity provisions or a citation may need to be considered.
- After the Grant: the issue concerns joint administration and may require information exchange, agreement, directions or litigation advice concerning removal or substitution.
Our practical guide explains the different routes and the questions to answer before taking formal action.
READ THE CO-EXECUTOR DEADLOCK GUIDE →The Executor Resolution Pathway
Stage 01 — Factual Audit & Action Plan (£400 + VAT)
Every accepted instruction ordinarily begins with Stage 01 to establish the factual position and procedural options. Deliverables include:
- 30-minute solicitor consultation;
- review of up to 20 core pages;
- confirmation of the relevant Grant, caveat or administration status;
- identification of the specific blockage, information gaps and material carrying costs; and
- a two-page written Action Plan setting out procedural and non-court options.
The Action Plan is normally delivered within three working days after all required documents are received. The £400 fee is credited once against the first subsequent execution milestone instructed within 14 days.
For accepted matters, the Stage 01 Audit identifies whether the issue falls within:
- Zone 1: Caveat Resolution — for estates blocked before the Grant.
- Zone 2: Administration Deadlock — for co-executor standstills, accounting concerns, and financial provision claims.
For complex files referred by professional advisers, the Structural Clarity Report™ is available as a separate B2B product.
* The figures shown are individual milestone-fee ranges. Where more than one milestone is instructed, fees are cumulative and confirmed before each stage begins.
Zone 1 — Caveat Resolution
For estates blocked before the Grant. Use the available Registry procedures and response periods to seek clarification, withdrawal, or procedural resolution of the caveat.
Zone 2 — Deadlock Resolution
For pre-Grant co-executor inactivity and post-Grant administration deadlock. The appropriate route depends on whether the executor has proved, reserved power, renounced, intermeddled or is already named in the Grant.
Defined work may include pre-citation correspondence, citation-related support, accounting clarification, information exchange, claim assessment, negotiation and settlement documentation.
Fee Commitments & Protections
Fee Certainty
Every procedural milestone has a published, fixed fee confirmed before work begins.
100% Fee Rollover
The £400 Stage 01 fee is credited once against the first execution milestone instructed within 14 days.
No Recurring Waiting Charge
No recurring maintenance fee is charged while awaiting an external response. New substantive work is separately scoped and authorised.
Estate Alignment
Services are structured around administrative functions. Cost recoverability depends on authority, necessity, and proportionality.
The 5-Step Executor Practice Checklist
Consider whether material liabilities, claims, or unresolved administration issues require distribution to be deferred.
Record significant decisions, information received, and the reasons for the chosen course to demonstrate proper fiduciary administration.
Collate the will, Grant status, Registry documents, estate financial information, and material correspondence.
Record relevant property holding costs, vacant insurance premiums, taxation interest, and professional costs to evaluate proportionality.
Where agreement is reached, ensure that its scope, authority, tax implications, and implementation are properly considered and recorded.
Master Fee Summary for Executors
| Service track | Scope and procedural function | Fixed fee |
|---|---|---|
| Stage 01 Diagnostic Audit | 30-minute solicitor consultation and two-page Action Plan. The £400 fee is credited once against the first subsequent milestone instructed within 14 days. | £400 + VAT |
| Zone 1: Caveat Resolution | Separately instructed milestones concerning caveat assessment, correspondence, warning, default and subsequent procedure. | £1,450–£3,850 + VAT per milestone |
| Zone 2: Deadlock Tracks | Separately instructed stages concerning executor inactivity, accounting clarification and settlement work. | £1,150–£5,500 + VAT per milestone |
* Individual milestone fees are cumulative where multiple stages are instructed. Scope and price are confirmed before each stage begins.
Operating Boundaries — What We Do Not Do
To maintain fixed-fee certainty and rapid turnaround, Human Law does not provide:
- Court litigation or trial representation
- Acting as solicitor on the court record
- Accepting formal court service
- Routine grant administration or conveyancing
- Detailed forensic bank reconciliation
* If litigation becomes necessary, we can organise the relevant documents, chronology and preliminary analysis for an efficient handover to an appropriate litigation practitioner. The client retains control of that appointment.
Led by Justin Patten, Solicitor (SRA No. 657838), with More Than 20 Years’ Experience
Justin Patten is a practising solicitor with over two decades of dispute resolution experience.
Other published works include A Practical Guide to Elderly Law (2nd Edition) and A Practical Guide to Elderly Fraud.
Restore Momentum to Your Estate
Where probate friction is interrupting administration or increasing estate costs, begin with a Stage 01 Factual Audit.