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:
- An Order requiring the Executors to take or refuse a Grant of Probate in the estate
- An Order for the removal, substitution or “passing over” of one or all Executors
- An Order for the Executors to provide an inventory and account to the beneficiaries
- Directions for the Executors to take certain steps in the estate administration (for example, to sell property or transfer an asset to a beneficiary)
- An Order for Executors to compensate the estate for loss caused by their action (or inaction), known as devastavit
- A Re Beddoe Order to permit the Executors to pursue or defend claims by or against the estate regarding the status of assets
- What is known as a “put up or shut up” Order to set a deadline for actions to be brought against an estate, after which the Executors will be free to progress to wind up and distribute the estate
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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