Disputes between executors and beneficiaries can be emotionally charged and legally complex. They often arise at a time when families are already under strain from grief, which can make matters even more difficult to handle. These disagreements are not uncommon and can stem from a variety of issues, including misunderstandings, differing expectations, or a lack of communication around the legal obligations and processes involved in estate administration.
In this article, we will explore why these disputes happen, clarify the roles and responsibilities of executors and beneficiaries, and outline the steps you can take to resolve any conflicts.
When do Disputes Between Executors and Beneficiaries Happen?
Disputes may occur when executors and beneficiaries hold different perspectives about how the estate should be managed. Tensions often arise due to delays in distributing the estate, lack of transparency, or where beneficiaries feel that the executor has failed to meet their legal duties. In more serious situations, if an executor is not acting in accordance with the will or the law, beneficiaries can apply to the court for the executor to be removed and replaced. The court can also intervene to provide directions on how the estate should be administered.
To avoid reaching this point, it’s important for both executors and beneficiaries to understand their roles, communicate effectively, and seek legal advice when needed.
Executors’ Duties and Responsibilities
An executor is the person named in a will who is legally responsible for managing the deceased’s estate. This can be a family member, close friend, or a professional such as a solicitor. Executors are tasked with a range of responsibilities, from locating the will to distributing the estate assets. Here are the core duties an executor must carry out:
1. Check the Latest Will
The executor must first ensure that the Will being used is the most recent version. This involves thoroughly checking the deceased’s paperwork and speaking with any solicitors who may have been involved in drafting or storing the will. If an updated version exists, it will take legal precedence.
2. Value the Estate
To carry out their duties properly, the executor must identify everything the deceased owned and owed. This includes contacting banks, mortgage lenders, insurance providers, and other financial institutions. It’s also wise to check if the deceased was owed any money from HMRC, the Department for Work and Pensions, or their local council.
This step helps to create an accurate estate valuation for inheritance tax and probate purposes.
3. Distribute the Estate
Once debts and taxes are paid, the executor must distribute the remaining estate to the beneficiaries as outlined in the will. This can include money, personal belongings, and property. Executors have to ensure that all distributions are made fairly and in line with the testator’s wishes.
Executor Disputes: Dealing With a Beneficiary Harassing an Executor
Executors may sometimes face challenging behaviour from beneficiaries.
The behaviours can range from persistent demands for updates to accusations of mismanagement or even harassment. In such cases, the following steps can help protect the executor and reduce conflict:
Maintain clear and consistent communication: Keep all beneficiaries updated at key stages of the process.
Set boundaries: It’s okay to communicate within set times or via specific channels.
Keep documentation of all communications: This can be essential if legal disputes arise.
Maintain professionalism: Avoid responding emotionally to difficult situations.
Seek legal representation: If harassment escalates, a solicitor can help protect your position and ensure compliance with the law.
Beneficiary Disputes: How to Address Conflicts Over the Will
Disputes from the beneficiary’s side often arise from concerns about the executor’s handling of the estate, particularly if there’s suspicion of delays, unfair treatment, or mismanagement. Many of these disputes can be resolved through Alternative Dispute Resolution (ADR), which involves mediation or negotiation to reach an agreement without going to court. This approach is often quicker, less stressful, and more cost-effective.
However, in some cases, serious concerns, such as breach of duty, dishonesty, or putting estate assets at risk – require court intervention. Under such circumstances, the court has powers to remove or replace an executor and may appoint an independent administrator.
How Goughs Can Help
At Goughs Solicitors, we have a dedicated team experienced in resolving disputes between executors and beneficiaries. Whether you are an executor needing help to navigate your legal responsibilities or a beneficiary with concerns about the estate’s administration, we are here to offer clear, practical legal advice and representation. We can also assist in mediation or, where necessary, help you take the matter to court.
Find out how we can support you with inheritance and probate matters on our executor disputes page, or contact us.
