Co-executor dispute – can executor legal costs be paid from estate before completion?

cosycat27

England & Wales.

I'm one of two co-executors of an estate. Probate was granted around 18 months ago, but the administration is still ongoing due to disagreements between the executors.

The estate includes a property and cash assets. However, matters remain unresolved and progress has been slow.

So far I have spent over £5,500 on legal fees trying to move the administration forward. My solicitor's view is that the cheapest option is to continue trying to work with the other executor rather than pursue court action. However, she cannot estimate future costs because that depends largely on whether the other executor cooperates.

My difficulty is that I am currently funding these legal costs personally. I understand that reasonable executor expenses can potentially be reclaimed from the estate, but only once matters are concluded.

I have also been advised that court proceedings relating to the executor dispute could be extremely expensive if contested, potentially running into tens of thousands of pounds, which is not something I can realistically fund.

My questions are:

• Is there any mechanism for an executor to access estate funds during the administration to cover reasonable legal costs incurred in carrying out their duties?
• Or is reimbursement generally only dealt with once the estate has been fully administered?
• Has anyone been in a similar situation where ongoing legal costs became unaffordable before the estate was finalised?

Any thoughts or experiences would be appreciated.

Woodstok2000

Does this article help?

https://www.clough-willis.co.uk/news-events/executors-expenses