Counsel advised that the executors owe statutory and fiduciary duties to collect, account for and administer the estate and that prolonged non‑disclosure can amount to maladministration warranting removal under s.50 Administration of Justice Act 1985. To preserve the asset and show measured pre‑action conduct Counsel recommended immediate steps: lodge a UN1 at the Land Registry, send a final Letter Before Action demanding the will, grant of probate, estate accounts and asset details within a fixed deadline, and write to the solicitor alleged to have handled the will to confirm authorship, currency and retainer status. If disclosure is not provided, Counsel advised issuing Chancery Division proceedings under CPR Part 57/s.50 seeking removal of the executors, mandatory disclosure, appointment of replacement personal representatives and an order for costs where appropriate. On substitution of executors, serve an appropriate notice to quit (or common‑law notice if tenancy is absent) and pursue County Court possession proceedings if necessary to evict the occupying executor and enable sale and distribution. Clients were instructed to compile a disclosure pack (correspondence log, formal requests, bank/asset records, valuations and any evidence of depletion or self‑dealing) and confirm funding; Counsel noted costs recovery from executor shares may be available.

Counsel established a clear, court‑focussed route to preserve the estate asset, compel disclosure, remove obstructive executors and secure realisation and distribution for beneficiaries, and stood ready to draft the LBA, lodge the UN1 and issue proceedings if required.