Executor disputes are a common challenge in probate cases, with 30% of estate disputes involving conflict between executors. Conflicts over estate management, whether due to disagreements, allegations of mismanagement, or disputes, can cause significant delays, increased legal costs, and emotional strain for everyone involved.
Some of the most frequent causes of executor disputes include:
- Conflicting decisions between multiple executors: Disputes often arise when co-executors cannot agree on key decisions, such as whether to sell a property, distribute assets, or handle financial matters. Without a clear consensus, the administration process can quickly stall.
- Allegations of mismanagement or breach of duty: Executors have a legal obligation to act in the best interests of the estate and its beneficiaries. If they are perceived as acting unfairly, withholding information, or failing to administer the estate efficiently, disputes can escalate.
- Challenges from beneficiaries: Under the Inheritance (Provision for Family and Dependents) Act 1975, disappointed beneficiaries may contest a will if they believe they have not been adequately provided for. This can put executors in a difficult position, especially if they have personal ties to the parties involved.
- Delays and lack of transparency: Beneficiaries often become frustrated when executors fail to provide updates or progress in a timely manner. Poor communication can fuel suspicions of wrongdoing and lead to formal complaints or legal action.
Left unresolved, executor disputes can lead to prolonged litigation, significantly complicating the probate process. Solicitors play a crucial role in managing these conflicts by ensuring executors understand their legal responsibilities and by facilitating solutions that minimise costly disputes.
At Family Wise, we support solicitors by providing a professional, quick, research service. We map out the family tree, trace missing beneficiaries, and seek to identify those individuals who are in fact not entitled. Our expertise ensures executors can fulfil their duties efficiently while reducing the potential impacts that arise from delays and uncertainty.
If you’re handling an executor dispute and require clarity on a complex estate, contact us today and see how we can help.
