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Wills & Estates

Can an estate trustee be found in contempt of court for ignoring an order to pass their accounts?

TSL Written by the Treadstone Law team· Updated August 2026

Yes, in a serious enough case. Contempt is a genuinely significant step reserved for clear, deliberate defiance of a court order — it isn't the court's first response to routine delay. But where an estate trustee has been specifically ordered to pass their accounts and simply refuses to comply, ignoring the order rather than making any real effort to follow it, contempt proceedings are a real possibility.

Before getting to contempt, courts generally expect to see that the order was clear, that the trustee genuinely knew about it, and that the failure to comply was a deliberate choice rather than a misunderstanding or a good-faith struggle to gather the necessary records in time. A trustee who's clearly trying, even if slowly, is in a different position than one who's flatly ignoring the court.

Because a finding of contempt can carry serious consequences for the trustee personally, it tends to be sought after other, less drastic steps, like further court orders, cost penalties, or a removal application, haven't worked, rather than as a first move. Beneficiaries dealing with an estate trustee who's ignoring a court order should get advice on the strongest and most proportionate path forward given exactly how the trustee has responded.

Key takeaways

  • Contempt requires clear, deliberate defiance of a specific court order, not just delay.
  • The trustee's awareness of the order and intentional non-compliance both need to be shown.
  • Contempt is usually pursued after less drastic remedies haven't resolved the non-compliance.
  • Get advice on the most proportionate next step given the trustee's actual conduct.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone wills & estates lawyer can help.
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