Disputes between Executors and Beneficiaries

The application for probate or the administration of an estate does not always run smoothly. Occasionally, disputes will arise which can slow the process down or put it on hold altogether.

This section outlines the disputes that may arise during the administration of an estate and how they can be dealt with. The disputes may be between the executors (if more than one executor has been appointed), between the executor and the beneficiaries, or between the beneficiaries themselves.

In the future we will be covering the following topics:

Executors behaving badly: can an executor be removed from their duties?

Written by Terry Johansson | 13th September 2013

It is the duty of the executor to carry out their duties with ‘due diligence’. This means that the executor must put the interests of the beneficiaries above their own, and they must not make a profit from their own position. The executor must be sensible and reasonable when administering...

What happens if more than one executor has been appointed under the Will and they cannot agree?

Written by Terry Johansson | 13th September 2013

If more than one person has been appointed to act as the executor under the Will, it is a good idea for them to select one person to prepare the relevant documents to apply for Probate. Alternatively, the executors can instruct a solicitor to act on behalf of all of...

What is the process to deal with an uncooperative executor?

Written by Terry Johansson | 13th September 2013

If issues with the Will’s validity or the conduct of the executor are anticipated before Probate is granted, a caveat may be lodged. A caveat will prevent Probate being granted until the caveat is removed. The person who lodged the caveat, the ‘caveator’, will be notified when an application for...

Tips to avoid conflict

Written by Terry Johansson | 13th September 2013

A lack of communication is quite often the cause of many disputes. It is important for executors to comply with their obligations at all times. An executor must apply for a grant of Probate and attend to the administration of the Estate without unnecessary delay. The executor should ensure that...

Disputing beneficiaries

Written by Terry Johansson | 13th September 2013

Disputes may even develop between the beneficiaries themselves. The emotions and stress associated with losing a loved one or a contested Probate, may create tension between the beneficiaries or expose family struggles. The beneficiaries may disagree on the division of the assets in the estate. For example, several beneficiaries may...