When a loved one passes away, administering their estate may outline underlying tensions. Executor disputes over how an estate is manged are not uncommon. Disagreements between beneficiaries, executors and others may arise and complicate an already difficult time.
What Is Estate Management?
Estate management refers to the process of administering a deceased person’s assets according to their will or, if there is no will, in line with the rules of intestacy. This includes collecting assets, paying debts and taxes, and distributing the remainder to beneficiaries. The individual responsible for this is known as the executor (if there is a will) or administrator (if there is no will).
What are the Common Causes of Disputes Over Estate Management?
1. Lack of Transparency or Communication
Beneficiaries often feel left in the dark about the progress of estate administration. If an executor fails to provide regular updates, the beneficiary may start to not trust and be suspicious of the executor.
2. Delays in Administration
Estate administration can be a lengthy process, but unnecessary delays may cause frustration, especially if beneficiaries are relying on their inheritance.
3. Concerns Over Executor Behaviour
Executors have a legal duty to act in the best interests of the estate. Allegations of mismanagement can lead to serious disputes.
4. Disagreements Between Co-Executors
When more than one executor is appointed, they must act jointly. Disagreements on how to proceed whether regarding valuations, asset sales, or timing can cause conflict.
5. Disputes Over the Validity of the Will
If someone believes the will was forged, made under undue influence, or created when the deceased lacked mental capacity, then this can ultimately lead to litigation that directly impacts how the estate is managed.
What Are Your Options If an Executor Dispute Arises?
1. Open Communication
In many cases, disputes can be resolved through clear, honest communication. Executors should be proactive in providing updates and explaining decisions.
2. Mediation
If informal discussions are unsuccessful, mediation is a cost-effective and confidential way to resolve disagreements without resorting to court.
3. Removing or Replacing an Executor
If an executor is not fulfilling their duties, beneficiaries can apply to the court to have them removed and replaced. The court will consider whether the executor’s actions are jeopardising the estate or causing a delay.
4. Court Proceedings
As a last resort, litigation may be necessary. This could involve asking the court to interpret the will, direct the executor, or resolve executor disputes about specific assets or entitlements.
How We Can Help
At Thomas Harvey Solicitors, we specialise in resolving contentious probate matters, including disputes over the management of estates. Whether you are a beneficiary concerned about an executor’s conduct ,or alternatively an executor facing allegations, we provide clear, strategic advice to protect your interests and find practical solutions.
If you’re facing a dispute over an estate, get in touch with our experienced team today on 0333 004 0272, fill out our contact form here or book a FREE initial consultation here.
