What to Do When an Attorney or Executor Fails Their Duties

When we put a will or enduring power of attorney in place, we are doing something deeply important. We are choosing people we trust to step in when it matters most.

In most cases, those people do their job well. They act carefully, communicate openly, and carry out the role with respect, but sometimes, things do not go as expected.

That can feel unsettling. It raises questions like:
“Is something wrong?”
“Should I step in?”
“What can I actually do?”

The good news is that there are always options, and the system is designed to protect people, even when things go off track.

These roles are built on trust

An executor (under a will) and an attorney (under an enduring power of attorney) both hold positions of trust.

They are expected to:

• act in someone else’s best interests
• follow clear instructions (in the will or EPA)
• keep proper records
• communicate with the right people

These are not just expectations; they are core duties.

Most people take this responsibility seriously, but if someone struggles with the role, delays things, or gets it wrong, it does not automatically mean bad intent. Often, the issue is stress, lack of experience, or miscommunication.

That is why the first step is usually simple.

Step one: start with a conversation

Before assuming the worst, it helps to ask questions.

Delays or silence can happen for ordinary reasons:

• the person may be overwhelmed
• they may not understand the process
• they may be waiting on third parties (banks, courts, government agencies)

A respectful conversation often clears things up quickly.

Keep it straightforward:

• Ask what has been done so far
• Ask what comes next
• Ask when you can expect an update

Clarity alone can resolve many concerns.

Step two: look for patterns, not one-off issues

It is important to distinguish between a delay and a real problem.

Some warning signs that may justify a closer look include:

• ongoing lack of communication
• unexplained delays in dealing with assets or decisions
• refusal to share basic information
• decisions that do not match what the will or EPA says

When these issues continue over time, it may suggest the role is not being carried out properly. Executors and attorneys are expected to manage assets carefully, follow instructions, and keep beneficiaries or family informed.

The key is to stay calm, gather information, and avoid jumping to conclusions too quickly.

Step three: get independent guidance early

If concerns remain, it helps to get advice.

This does not mean starting a dispute straight away. It simply means understanding:

• what the role requires
• what is reasonable in the circumstances
• what your options are

Often, a short conversation with a professional can provide reassurance. In some cases, it may also provide a clear path forward.

Step four: understand that there are safeguards

A common concern is: “What if nothing changes?”

The important thing to know is that the system does not leave you stuck.

If needed, you can:

• ask for formal information or accounts
• challenge decisions
• seek oversight or directions from the court
• in serious cases, ask for the person to be replaced

Courts have the ability to step in where duties are not being met, and to ensure the original intentions are followed.

This is not the first step in most situations, but it is there as a safety net.

Step five: stay focused on outcomes, not fault

It is easy for these situations to become personal, especially within families.

However, in most cases, the goal is not to “prove someone wrong.”

The goal is to:

• get the estate administered properly, or
• ensure the person is properly looked after

Keeping the focus on outcomes often leads to faster, less stressful solutions.

Sometimes that means supporting the person in the role. Sometimes it means stepping in more formally.

Both approaches are valid, depending on what is needed.

Good planning still matters

Even with the best planning, no system is perfect, but documents like wills and enduring powers of attorney still do something invaluable; they give direction, structure, and a clear starting point.

They also provide the framework that allows issues to be corrected if something goes wrong.

That is the reassuring part.

Even if an executor or attorney struggles, you are not without options.

In short

If something feels off:

1. Ask questions
2. Look at the bigger picture
3. Get advice if needed
4. Use the safeguards if necessary

And most importantly, remember that these situations can be resolved. For more information get in contact with our team.