Last Updated on September 17, 2026 by tanya

Can an Executor Who’s Also a Beneficiary Withhold Information

 

About Our Legal Expert: This content is produced under the oversight of Michael Jefferies, First Personal Injury Director, who brings more than 30 years of legal experience.

Written by Tanya Waterworth, Digital Content Writer

 

Executors who are also beneficiaries must act transparently and should not withhold information.

Beneficiaries have the right to see the will, receive updates, and access estate accounts.

Withholding information from beneficiaries of a will is a breach of fiduciary duty.

Beneficiaries can request disclosure, involve a solicitor, or apply to the probate court.

 

What To Do If An Executor Beneficiary Refuses to Share a Will

 

We find a common question asked by our callers is ‘when can an executor who’s also a beneficiary, withhold information?’. When someone dies, an executor beneficiary may become unco-operative by refusing to share the will or withholding key information. In England and Wales, executors have strict legal duties to protect the estate but they cannot simply go silent. Before probate is granted, beneficiaries should be provided with a copy of the will.

If you’re not a beneficiary or aren’t sure if you’re a beneficiary, you can access the will once probate is granted. This is because the will becomes public on the government Probate Registry. If you want to see the will before probate, you can request disclosure as a close relative. If refused, you may want to consult with a contentious probate solicitor who can help.

We explain what you can do to see a will if an executor who’s also a beneficiary has refused or is ignoring your requests.

 

What Is an Executor?

An executor is the person appointed in a will to administer the estate. They cannot simply refuse to communicate or delay without reason. Their responsibilities include:

 

• Locating and safeguarding the will
• Applying for probate
• Valuing assets
• Paying debts and taxes
• Distributing the estate according to the will

 

What Information Should an Executor Share?

While they do not have to send out daily updates, executors are required to act reasonably and communicate clearly. This is because beneficiaries are entitled to know what is happening about the estate. Therefore, executors, whether a beneficiary or not, should provide beneficiaries with:

 

• A copy of the will (once probate is granted, it’s public)
• Reasonable updates about the progress of probate
• Information about major assets and liabilities
• Estate accounts before distribution

 

Can an Executor Legally Withhold Information?

In most cases, this is not allowed. In fact, if an executor refuses to communicate, their behaviour may justify legal intervention even if they are a beneficiary.  Legally, executors are expected to:

 

• Respond to reasonable requests
• Share key documents
• Keep beneficiaries informed
• Act in good faith

 

Are You Entitled to See the Will?

Yes, once probate is granted, the will becomes a public document. Anyone can download it from the probate registry, whether they are a beneficiary or not.

Before probate, beneficiaries named in the will have a legitimate interest and should be allowed to see it.

If you are not a beneficiary, you can still see the will once probate is granted. A sibling executor who’s also a beneficiary cannot block you from accessing it at that stage. However, you may not have an automatic right before probate, but as a close relative you can request disclosure.

If you find your requests are being ignored, we partner with experienced contentious probate solicitors who offer an initial, free consultation who can help in this situation.

 

Signs an Executor May Be Withholding Information

Our own caller data over a six month period has highlighted callers become concerned when they are not allowed to see the will by a sibling who is an executor and a beneficiary. Whether the caller is a beneficiary or wants to find out if they’re a beneficiary, this kind of action by an executor beneficiary tends to raise suspicion.

Beneficiaries often pick up problems early on in the probate process and red flags may include:

 

• Refusing to share the will
• Ignoring emails or calls
• Providing vague or inconsistent updates
• Delaying probate without explanation
• Selling assets without informing beneficiaries
• Refusing to provide estate accounts

The Law Society has guidelines on executors disposing of the deceased’s property before probate is granted.

 

Why Executors May Withhold Information

Executor beneficiaries may withhold information because of various reasons, such as:

 

• They feel overwhelmed
• They misunderstand their duties
• They want to control the estate
• They are trying to favour themselves or another beneficiary
• They are hiding mistakes or misconduct

 

What To Do If an Executor Beneficiary Is Withholding Information

If an executor beneficiary (even a sibling) refuses to communicate or you suspect may be hiding documents, you can take several practical steps:

 

1. Request Information in Writing

Send a written request for the will, updates, or estate accounts. Written communication creates a record and puts pressure on the executor to respond.

2. Remind Them of Their Legal Duties

An executor should act with transparency and a polite reminder of their obligations can result in prompt action.

3. Check Whether Probate Has Been Applied For

Search the government probate database. If probate has been granted, you can immediately download the will.

4. Ask for a Timeline

Beneficiaries are entitled to know when probate is expected to complete and when distribution will occur.

5. Request Estate Accounts

Executors must prepare estate accounts before distributing the estate. Beneficiaries have the right to see them.

6. Speak To a Solicitor

A solicitor’s letter often prompts an executor to act. We partner with contentious probate lawyers who are experienced in will disputes.

7. Consider Mediation

If the issue is rooted in family conflict rather than misconduct, mediation can help resolve disputes without escalating to court.

 

Can You Challenge an Executor for Withholding Information?

Yes, you may want to consider challenging the executor if their behaviour is serious, even if they are a beneficiary, for example:

 

• Refuses to communicate
• Hides the will
• Mismanages the estate
• Acts dishonestly
• Breaches their fiduciary duties

 

What To Do Next

If an executor, who’s also a beneficiary, is withholding information, you can take practical steps from written requests to court applications to ensure the estate is administered properly.

We offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding – speak to our team to find out more.

📞 Call us now on 0333 358 2345 📧 Or contact us online and we’ll call you back.