Executor and Beneficiary Disputes Specialist executor and beneficiary dispute solicitors in Milton Keynes

When someone dies disputes between their executors and beneficiaries can arise and at this difficult time, misunderstandings or disagreements can quickly escalate.

We can assist with a wide variety of disputes including disputes between executors, beneficiary disputes and the removal of an executor.

Our contentious probate team are sympathetic and approachable and will give you the support and guidance you need to deal with the issue. We have excellent dispute resolution skills and are very often able to reach an agreement without the need for legal proceedings. This is generally a quicker and more cost-effective way to deal with disagreements and will allow the estate to be wound up without unnecessary delays.

The executor’s role

Often a family member or friend is appointed as an executor. Whilst this may be seen as an honour and can be rewarding, it is an onerous job and can be a stressful experience which isn’t usually appreciated upon initial acceptance of the role.

Executors have legal rules and procedures that must be followed and they are not always aware of these requirements.

The executor is responsible for valuing the deceased’s assets, insuring property, calculating and paying Inheritance Tax, selling or transferring the assets, including any property the deceased may have owned, paying all outstanding debts, preparing estate accounts and distributing the estate in accordance with the deceased’s Will.

The job is often time-consuming, particularly where there are numerous asset holders or a property to be cleared and sold. If a beneficiary objects to the way in which the executor is conducting the administration of an estate, paying out too much to one particular beneficiary over another, feels a lack of information has been provided, is concerned about potential dishonesty or feels excessive time has been taken to deal with the administration, they could raise an objection.

Executors can be held as personally liable for any losses that arise in relation to the administration of the estate or if they have failed in any of their duties.

Where there is more than one executor dealing with the probate, there is also the potential for disagreements between them regarding how the estate is administered.

Beneficiaries’ rights

A beneficiary has the right to be told if they have been named in someone’s Will, what they have been left by the deceased, to view the Will once the Grant of Probate has been issued and also to be updated as to progress in the estate administration. A residuary beneficiary has the right to see the estate accounts once these have been prepared.

If a beneficiary is concerned about the conduct of an executor, they may ask them to step down. If the executor refuses, then there may be grounds to ask the court to remove them if the estate is not being properly administered.