When family businesses complicate an estate: lessons from the Brinner v Brinner & Ors court ruling

In the recent case of Brinner v Brinner & Ors [2026] EWHC 1462 (Ch), the High Court had to untangle a probate dispute involving a widow who believed her late husband’s estate was worth far more than the paperwork showed.

In this blog, our contentious probate solicitors look at what this ruling tells us about estate planning for business owners, especially when it’s family-run and spans generations.

Background

In the case of Brinner v Brinner & Ors, the deceased (Moshe Brinner, a Hassidic businessman) had built up interests in various companies over his lifetime. Some were held in his own name; others were held through family members or business partners on his behalf. All were informal arrangements and with little paperwork.

By the time he died, the ownership of those business interests looked different to how it may have looked years earlier. i.e. when he made his Will. His widow argued that valuable beneficial interests (ownership rights that exist even when someone else’s name is on the paperwork) had never made it into the estate, which was about to be distributed.

The executor, one of the deceased’s children from an earlier marriage, disagreed, and said the changes in ownership reflected a genuine restructuring during his father’s lifetime.

Disputes like this are common wherever a family business spans generations, and they can be especially difficult to resolve when the person overseeing the estate is also the person who benefits if the disputed assets stay out of it.

Conflicts of interest

The biggest issue in this case was a conflict of interest. The executor also has a personal financial stake in whether certain assets were found to belong to the estate, which the court takes seriously, even without evidence that the executor has acted improperly.

If an executor’s personal interests and their duty to the estate pull in different directions, that alone can undermine confidence in the administration of the estate.

In this case, the executor was also the person best placed to know the truth about the disputed business interests, since he held the legal ownership of them. That meant he essentially had a case against himself, with every incentive to conclude there was nothing to find.

Why this matters for business owners

If your estate includes shares in a family company, property held through a business structure, or informal arrangements about who really owns what, this case highlights the importance of proper estate planning.

If any of the above apply to you, this is what you should avoid when writing your Will:

• Naming a beneficiary who also holds a stake in the same business as your executor.
• Making informal or undocumented changes in ownership.
• Not keeping it up to date. A Will that seems clear to you today may be read very differently by beneficiaries with competing interests once you pass away.

None of this means family members can never act as executors; however, where significant business assets are involved, it is worth thinking carefully about whether the person you choose might one day find themselves conflicted.

Can you remove an executor?

Yes, it is possible to remove an executor and sometimes a beneficiary will ask the court to replace one, which, under section 50 of the Administration of Justice Act 1985, the court has the power to do.

The court’s priority will be to consider whether the estate is likely to be properly administered, and whether replacing the executor would serve the beneficiaries’ interests. It will look at:

• Whether there is genuine misconduct, and how serious it is.
• Whether the executor is no longer capable of carrying out their duties, e.g. because they no longer have mental capacity.
• Whether there has been a breakdown in relations that makes administering the estate difficult.
• Whether the executor has a conflict of interest with the estate.
• The wishes of the person who died, and of the beneficiaries.

No single factor is decisive on its own. The court looks at the whole picture.

Steps business owners can take now

A few practical steps can reduce the risk of this kind of dispute arising in your own estate:

• Review your Will if your estate includes business interests, particularly if ownership has shifted since it was last updated.
• Consider whether your intended executor has, or could develop, a personal financial interest in assets that form part of your estate.
• Keep clear, dated documentation of any changes to business ownership or beneficial interests, rather than relying on informal understandings.
• Take advice on who to choose as your executor(s), as the right choice of person can be just as important as the right wording.

Estate disputes of this kind can take years to resolve and can reduce what beneficiaries eventually receive, simply through the cost of litigation. A little planning now can prevent a great deal of difficulty later.

How we can help

If your estate includes business interests, or you are unsure whether your current Will and choice of executor still reflect your circumstances, our estate planning lawyers can help.

If you are a beneficiary who is concerned about a conflict of interest with a loved one’s estate, call our contentious probate solicitors on 0117 325 2929. Alternatively, fill out this form, and we will be in touch.