In our previous blogs we discussed whether professional executors are required, what the role of executor entails, when lay executors should consider taking advice, what an executor should do if they can’t or don’t want to act, and what to do if you don’t understand the will.  However it may be that the estate itself is not overly complex, it is the people involved who are creating the difficulties for the executors.

Issues with beneficiaries can include for example:-

• Disputes between beneficiaries;

• demanding to see information to which they are not entitled;

• trying to administer the estate themselves when they have no right to do so;

• refusing to accept valuations for the estate or accept what will has said; or

• refusing to agree the accounts to allow you to distribute the estate.

A solicitor will be able to guide you in each circumstance, as the issue with the beneficiary will dictate the action which is appropriate.

For example, where a beneficiary is refusing to agree the estate accounts, or refusing to agree the valuations, it may be appropriate to refer the matter to the court for the court to approve the accounts on their behalf . Again, an executor that did this and then distributed in accordance with the court order would not be liable to the beneficiary if they still did not agree with the accounts.

A beneficiary who is seeking to get involved with the estate is a very different matter. For example there are cases in which there is a will and the executor is the only person entitled to take out the grant, but when they go to do so they find a beneficiary has already taken out a grant of letters of administration as if there were no will. In that case, you would need to apply to have the grant taken out by the beneficiary revoked, and apply for your grant in its place.

Where there are disputes between the beneficiaries, the role of the executor is usually to remain neutral and to safeguard the estate’s assets until the dispute is resolved.

Issues the beneficiaries can be difficult to deal with and it is often the case that the estate will benefit from professional advice in those circumstances. It may also be the case that where beneficiaries are being particularly difficult, and court applications are necessary, the costs of such an application can be recovered as against that beneficiary's share rather borne by the estate as a whole.  Executors should also ensure that they are clear on their rights and obligations, for example, understanding the information to which beneficiaries are entitled during the estate administration process.

If you have any issues dealing with an estate or wish to be removed as an executor please do not hesitate to contact Charlotte Braham by email on 01494 893529

If you wish to instruct a professional to assist you with administering an estate, please contact our Wealth Management and Taxation Team on 01494 521301.