Disputes With Or Between Executors

Estate administration can be challenging after a loved one passes away. An executor's duty includes carrying out valuations, calculating Inheritance Tax liability, contacting beneficiaries and fulfilling a host of other legal obligations. This process becomes even more complicated if executor disputes, challenges to the will from beneficiaries, or other contentious probate matters arise. It is often advisable to name more than one executor in your will, but if executors do not get along or fall into a dispute about their role, it can make the whole process more difficult for grieving loved ones and expectant beneficiaries.

The contentious probate team at Clough & Willis offers expert advice and guidance to executors on meeting their obligations. In cases where there are disputes between two or more executors - or between the executor and the family of the deceased - we can work to address the source of the conflict and achieve the best possible outcome for all parties. We help to resolve matters of contentious probate without the need for court proceedings, which can be a faster and more amicable way to achieve a positive outcome for all the parties involved.

To learn more about our alternative dispute resolution services, the role of an executor or the legal support we can provide during the probate process, contact Clough & Willis' expert team today. Call us on 0800 083 0815, or use our online enquiry form to request a call back.

Why Choose Clough & Willis?

The contentious probate solicitors at Clough & Willis have extensive experience in dealing with executor disputes. We always aim to pursue alternative dispute resolution methods that avoid the need for court proceedings, and can bring any executor dispute to a swift and amicable resolution. If executors do not agree on how best to manage the deceased's estate or comply with the terms of the will, our probate solicitors can help you to reach a resolution.

Where you have concerns about an executor's conduct, we can help you to communicate about your issues. If that does not work, we can discuss the process of having an executor removed or replaced, especially in cases where there is serious misconduct, such as if an executor refuses to follow the will or acts negligently in the administration of the estate.

Specialist legal advice is often necessary to resolve potential executor disputes swiftly before they affect the estate administration process or start to affect beneficiaries and family members of the deceased. Contact Clough & Willis today for guidance on avoiding (or resolving) disputes between executors.

What Services Are Available?

There are several approaches that may resolve executor disputes. If a matter cannot be resolved voluntarily, alternative dispute resolution is usually the first method to try. This can involve negotiation, mediation, arbitration or another approach. Clough & Willis can support you through these processes and represent your interests to ensure that your rights are upheld and protected.

In professional mediation services, an independent third party helps to resolve the conflict. The mediator discusses each party's position and helps to facilitate negotiations so that all parties can reach a resolution they are happy with. It is also possible for your solicitor to negotiate directly with the other party to the dispute or their legal representative.

Arbitration works in a similar way, but the arbitrator has the power to make a binding decision on the dispute. Any decision resulting from arbitration is legally binding, and so this functions in a similar way to court proceedings. However, it is faster and more cost-effective, and the details of arbitration can be kept private, whereas those of a court process cannot. The team at Clough & Willis can advise you on a method that will best serve your interests and help you to pursue the best possible outcome.

If your case proceeds to court, we can represent you during these legal proceedings and ensure that your actions have a legal backing. If necessary, our solicitors can assist you in applying for the removal of an executor who is not performing their duties effectively or is causing conflicts. Discuss your specific concerns with Clough & Willis today to learn how we can help.

When Do Disputes Arise During the Estate Administration Process?

Unfortunately, disputes can arise either between executors dealing with the estate, or between executors and beneficiaries, for a number of reasons. Usually, these involve disagreements over the manner in which an executor is administering the estate. It is always better to attempt to resolve such issues informally without the need to involve the court.

Very often solicitors can assist in resolving these issues as often the disputes arise because executors who are attempting to administer estates do not understand their responsibilities. There are many duties involved in acting as an executor, and the role is not for everybody. It is important to explain the legal duties and responsibilities of the role to your executors so that they understand their role before they agree to it.

Can a Solicitor Help to Avoid Executor Disputes?

The Clough & Willis team can draft your will with clear and precise language to avoid any ambiguity that could lead to disputes. We can also advise you on selecting suitable executors who can work well together and are capable of performing the duties required. You should discuss your intentions with potential executors and beneficiaries to manage expectations and reduce misunderstandings, and we can also support you with this element of the process.

We can also help you to review your will and make updates to reflect any changes in circumstances or relationships. This is a key way to avoid potential disputes before they arise.

If you have a complicated estate, Clough & Willis' solicitors can advise you on the use of trusts or other estate planning tools that can simplify administration and reduce potential conflicts. While there remains the potential for disputes between trustees, a clear structure outlined in a detailed trust document can help to avoid these and leave no room for ambiguity.

Finally, we can act as professional executors and ensure your estate is properly administered on your behalf. Leaving the administration of an estate to a professional, rather than having a family member or friend do it, can help to avoid disputes. It can also ensure effective administration is carried out more quickly and efficiently, which can result in beneficiaries receiving their gifts sooner.

Can the Court Resolve a Dispute?

If a dispute cannot be informally resolved, the court has jurisdiction to intervene and resolve the disputes.

Executors who are in dispute can apply to the court for directions regarding how the administration should proceed. The court has the power to revoke a grant in favour of one executor and to issue a grant in favour of another. The court can appoint an entirely independent third party executor if it considers it appropriate. If an executor is refusing to take out a grant, the court can require them to do so. Alternatively, if an executor is holding a will and preventing another executor from applying for the grant, the court can order that executor to deliver up the will to the willing executor.

If a beneficiary is not satisfied with the manner in which an executor is dealing with an estate, the court can, in extreme cases, cause an executor to be replaced or in other cases can direct that the executor should proceed with the administration. They may be asked to provide a full inventory of the assets of the estate and full accounts regarding the administration of the estate.