Estate Administration Disputes

Estate Administration Disputes

Unfortunately, even where there is no dispute about the terms of a Will, or about the application of the Intestacy Rules, issues can and do often arise during the administration of a deceased person’s estate.

For various reasons Executors can find it difficult or impossible to work together.  There may be personal hostility, or disagreement about how best to carry out their duties, particularly if they have been given a degree of discretion.

On other occasions relations between the Executors and the beneficiaries of an estate can break down. 

There may be concerns by the beneficiaries about a lack of timely progress or of information regarding the estate administration.  There may be suspicions about the competence or motives of the Executors, or fears that their actions have caused loss to the estate. 

On the other hand, Executors might encounter a lack of co-operation from a beneficiary, for example if they are in occupation of the family home or in possession of important financial records.

Often an Executor will also be a beneficiary, and problems may surface if there is an actual or perceived conflict of interests in the circumstances.

Otherwise, there may some dispute between the Executors and a third party (who may or may not also be a beneficiary) about the status of certain assets which may or may not form part of the deceased’s estate.

The team at Wake Smith can advise any interested party with the aim of helping to navigate these issues and lead to the successful completion of the estate administration.

In appropriate circumstances action can be taken to break the deadlock and move matters forward by making applications in the Probate Registry or the High Court, for various remedies such as:

If you have any questions, or if you wish to make an enquiry online please click the 'contact us' button, or alternatively you can call us on 0114 266 6660.

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