Disputes Between Executors, Administrators or Beneficiaries

The following are mere examples of fairly common disputes between those in charge of deceased estates and beneficiaries:

• The executor fails to administer the deceased estate promptly, causing large delays.
• The executor refuses to disclose to beneficiaries the financial position of the estate or give any update on where the administration is at.
• The executor isn’t impartial and makes decisions putting their own interests first to the detriment of some or all beneficiaries.
• Estate assets are wasted or disappear.
• There is disagreement as to whether a particular person was the deceased’s de facto partner or dependent.
• The executor refuses to acknowledge the existence of what might be another Will.
• The executor refuses to follow up a debt that appears was owed to the deceased, or forgives a debt that was owed by the deceased.
• A beneficiary refuses to vacate an estate property, pay rent or repay a debt.
• A beneficiary, or other family member, disputes the validity of the Will for whatever reason.
• A beneficiary disputes how the Will should be interpreted.

Where there is more than one person in charge of the estate (executor or administrator), sometimes they can come into dispute, for instance if they cannot agree on how the estate should be administered.

We work with executors and beneficiaries to try and address disputes practically in order to try and resolve them early.

Despite what many executors think, a beneficiary does have rights. Primarily, the beneficiary has a right for the executor to administer the estate in accordance with the law. This means the beneficiary is entitled to certain information, certain updates and entitled to seek relief from the Court if necessary. Sometimes it can mean seeking to have the executor removed.

Of course, dispute are not always the fault of the executor. Sometimes issues arise due to a stubborn and unrealistic beneficiary.

Whatever the case, it is important is that disputes are addressed early in order to try and resolve them with minimal disruption to the estate, if possible.

In very serious cases or situations where the dispute cannot be resolved, assistance from the court is necessary. We have a good track record of pushing such matters through the court when necessary.