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 the beneficiaries are kept up to date with the progress of the administration of the Estate to avoid disputes or any misunderstandings.
If more than one executor has been appointed, it is generally simpler for one person to take the responsibility of performing certain required tasks. This will minimise any disagreements between the executors and avoid any doubling up of work.
It may be a good idea for the executor, or executors, to appoint an independent solicitor to act on their behalf. This should minimise disputes and will prevent the executor from being held personally liable if a dispute does arise.
Where a dispute does arise, it is beneficial for all parties involved to try to resolve the dispute as soon as possible. This can be done either with the assistance of solicitors or through mediation.
In some cases, where there are multiple executors, and differences arise between them, each executor may employ a separate lawyer to act for each of them.
An application to court can be a costly and time consuming process and it should really only be considered as a last resort.
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