Estate disputes

There are a range of disputes that may arise after someone has died. Estate disputes include, but are not limited to: 

• Challenging the validity of a will
• Challenging the lack of provision in someone’s will, even if the will is valid.
• Challenging a grant of representation (dispute relating to who should apply for grant of probate or letters of administration) 
• Disagreements on how the estate is being managed and distributed (including disputes between joint executors and disputes between beneficiaries and executors). 
• Proprietary estoppel (where the deceased makes a promise/assurance in lifetime that is not reflected in their will or by intestacy). 
• Rectification (where the will fails to carry out the deceased’s intentions due to a clerical error or failure to understand intentions). 

There are a wide variety of estate disputes, and each one will require different evidence to be adduced. If you are considering making a challenge against an estate, please contact our specialist team who can advise on any next steps, investigations and potential claims that you may have. Some disputes have strict timescales in order to bring claims and therefore we recommend you get in touch as soon as possible.

What are the duties of an executor?

An executor of a will is the person who is legally responsible for gathering in the deceased’s assets, paying any estate liabilities and distributing the estate in accordance with the terms of the Will. It is an important role and should be taken seriously. Executors that do not comply with their obligations/responsibilities could face personal liability if any loss is caused to the estate as a result. If a person died intestate, then the person responsible for administering the estate is referred to as an administrator rather than an executor and there are specific rules about who can apply to be an administrator of an estate. 

The main duties of an executor or administrator include the following: 

• Disposing of the deceased’s body and making funeral arrangements.
• Paying any bills/liabilities owed by the estate.
• Considering whether any Inheritance Tax is due and paying it.
• Applying for a Grant of Probate.
• Paying any other taxes.
• Collecting in the assets of the estate and obtaining valuations for probate where required. 
• Distributing the estate according to the terms of the will or in accordance with the intestacy rules.
• Creating and maintaining estate accounts (showing what assets are in the estate and what has been paid out/distributed). 

When carrying out their role, executors owe a statutory duty of care, whereby they must exercise such care and skill that is reasonable in the circumstances. This level of care will depend on what knowledge and experience the executor holds themselves out as having. There is therefore a greater level of duty on professional executors with relevant experience of managing estates.

Can an executor be removed?

Yes, an executor (or personal representative) can be removed, even after they have obtained a grant of probate (or letters of administration). It may be appropriate to seek the removal of an executor in circumstances where they become disqualified, are incapable of performing their duties, are unsuitable for the position of executor, or where they are mismanaging the estate. 

Such applications can be difficult as the courts are sometimes reluctant to remove executors that have been chosen specifically by the Deceased.  To be successful, you will require evidence of the executor’s concerning conduct and show how this is affecting the estate i.e. by disrupting or delaying the administration, or by causing financial loss to the estate and its beneficiaries.   

If you have concerns or are not satisfied with the way that an executor is managing an estate, please get in touch with our team of specialist lawyers who can advise in respect of your options and next steps.