Disputes between executors and beneficiaries

Executor and beneficiary disputes can be frustrating and costly. Our specialist lawyers offer experienced advice you whether you are a beneficiary or the executor with the focus on achieving a resolution.

Reasons for disputes

Disputes between executors and beneficiaries or between executors are most common where the executor(s) is/are also beneficiaries.

Several factors can lead to disputes:

• Delay - this is the most common reason friction begins. Beneficiaries sometimes do not appreciate that executors must be very thorough in establishing assets and liabilities and generally selling assets.

• Executor misconduct - concerns about the executor's handling of finances or failure to follow the will's instructions or where the executor has a conflict of interest.

• Lack of transparency and poor communication - failing to provide beneficiaries with regular updates on the estate's administration or respond to enquiries in a timely manner.

• Value of assets - where the executor underestimates the value of estate assets, especially if there is a suspicion the executor may have a financial incentive to do so.

• Excessive fees - where a professional executor is involved and charges excessive fees.

• Family Tensions - pre-existing family conflicts can escalate during the probate process

• Executor inexperience and/or incompetence

• Disagreements between joint executors - such as differing opinions regarding the fair market value of specific assets in the estate.

How Can We Help?

We have dealt with a lot of legal disputes involving executors and have Legal 500 ranked specialist lawyers with a track record for resolving these types of disputes by way of :-

• Mediation - we can facilitate a neutral environment for you and the other parties to reach an amicable agreement

• Negotiation - our lawyers will advocate on your behalf to achieve a fair outcome for all involved

• Litigation - if necessary, we will represent you in court with an application to remove and replace the executor or to claim losses you may have incurred and which were caused by the executor(s)

Contact Us

If you are facing a dispute with an executor or beneficiary, get in contact and we can guide you on the best options.