Contentious Probate Proceedings: What can beneficiaries do when executors go rogue?
- chooijy
- Jun 9
- 2 min read
The death of a loved one can be a turbulent affair. After the funeral comes the question of the administration of the deceased's estate. If you are a beneficiary under a Will, it can be frustrating when the executor(s) are slow in taking steps to administer the estate or responding to your queries. All the more so when you suspect that this may be to facilitate wrongdoing. What can you do?
An executor's duties
The main duty of an executor is to ensure that the deceased's estate is administered in accordance with his or her wishes. This means distributing the assets to the various beneficiaries in accordance with the Will.
Under the Probate and Administration Act 1934, the executor is also tasked with applying to Court for the Grant of Probate within 6 months from the date of death and paying off the deceased's debts, taxes and expenses.
What if you suspect your executor of wrongdoing?
Executors are fiduciaries of the estate that they are administering. This means that they have a duty to account to the beneficiaries, upon request. You have a right to ask for information about the progress of the administration, as well as account statements.
What if the executor has been dilatory in applying for the Grant of Probate, or you have found evidence of wrongdoing?
Section 8(1) of the Probate and Administration Act 1934 provides that
Probate may be granted to any executor appointed by a will.
This means that the Court retains discretion whether to grant probate to the executor named in any Will. A dissatisfied beneficiary may apply to Court for probate to be granted to himself or herself (if the named executor has not done so) or to replace the executor (if he has already obtained grant of probate). This is a fact-sensitive enquiry that depends on a myriad of factors.
For example, in Chiang Shirley v Chiang Dong Pheng [2015] 3 SLR 770, the Honourable Justice Judith Prakash declined to pass over the named executor even though he had been dilatory in applying for the grant of probate and even though he had committed some wrongful acts in relation to the estate.
This was an acrimonious and protracted dispute between siblings, where one of them was self-represented.
Most recently, in WPA v WPB and others [2025] SGHCF 24, the Honourable Justice Choo Han Teck substituted one of the executors because he had breached the no-conflict rule and had also been dilatory in administering the estate.
It can be seen that whether a Court will grant any remedy (as prayed for or otherwise) to a dissatisfied beneciary of an estate even in the face of wrongdoing or dilatory conduct by an executor is a very fact-sensitive enquiry and often a matter of degree.
There have also been significant modifications to probate procedure in 2024 as a result of changes to the law including the Family Justice (Probate and Other Matters) Rules 2024 and Family Justice Practice Directions 2024.
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