When someone dies, one or more executors who are named in the deceased person's will must start the process of managing their estate. When this is handled well, it can make the grieving process simpler and more comfortable. Unfortunately, there is also the potential for disputes to emerge between beneficiaries, executors, personal representatives or others who are appointed to manage and distribute the estate.
Disputes can arise for various reasons, including if the will is ambiguous or if the administration of the estate doesn't happen in a timely manner. Whether you're a beneficiary or another executor, you may feel that the executor's conduct is falling short of the expected standards or disagree with their decisions. Whatever the reason for a dispute, it can lead to emotional strain between the family and friends of someone who has died, which can make everyone's period of grief even worse.
At Switalskis, we take an empathetic approach to resolving such disputes. It's often possible to resolve issues amicably through negotiation or forms of alternative dispute resolution (ADR), and we'll always take this approach where possible to minimise stress. If the dispute needs to go to court, we'll represent your interests and apply our years of experience to find the best possible outcome.
At Switalskis, our legal process starts with you. We’ll take the time to listen to the details of your dispute, to make sure we know what’s at stake and what’s at the root of the problem. That also means we can tailor our legal advice to your specific circumstances, and provide practical guidance that will deliver the outcome you’re hoping for.
Thanks to our experience, we can advise you on the possible outcomes of any decisions you need to make, to give you all the information you need. We’re committed to making the process as simple and straightforward as possible, to reduce any conflict between the parties involved.
We know that this can be an emotional process, and chats with our solicitors are always confidential. To minimise your stress, we’ll usually propose a form of ADR or try to help you talk through your concerns with the executor in question, which can often deliver the best outcome. If not, we’re fully prepared to take the matter to court and present your case in the strongest possible terms.
There are several types of executor disputes, and issues may arise among executors and beneficiaries for various reasons. The executors named in the will are responsible for managing the deceased’s estate in line with legal obligations and the terms of the will. If they fail to do so, or other parties involved have concerns about the executor's actions or decisions, disputes can often emerge. Some of the most common underlying reasons include:
Disputes may be fuelled by heightened emotions following the death of a loved one, coupled with the complexities of this area of law. Executors, whether professionals or family members, must navigate these challenges carefully to avoid disputes. The estate administration process can be complex, and it's often easier when multiple executors are named and can share the responsibility. However, this can also backfire when there are problems or disagreements between the executors. Disputes can also be avoided by assigning the responsibility to a professional executor such as a solicitor.
Resolving executor disputes requires legal advice, and a process of negotiation or court intervention. This is often the only way to ensure the estate is administered according to the law and the deceased's wishes.
Resolving executor disputes amicably often requires careful communication, negotiation, and the use of alternative dispute resolution techniques. While some disputes may require formal legal proceedings, many can be resolved without the need for litigation, which can save time, money, and emotional strain. At Switalskis, we always seek an amicable resolution wherever possible and will try to resolve any dispute using the following approach:
Encouraging open and honest conversations between executors and beneficiaries can help to clarify intentions, address misunderstandings, and establish common ground. We can support you to address your dispute on friendly terms, to minimise the risk of escalation. Executors can prevent disputes by providing regular updates and transparent financial records to beneficiaries, and we can help executors to meet these requirements.
Beneficiaries or executors can seek legal advice to understand their rights and obligations, to reduce the risk of misunderstandings about legal responsibilities. Similarly, executors can get advice on managing the estate properly and complying with their legal and fiduciary duties.
Mediation is a type of ADR that involves a neutral third party who facilitates discussions and helps the parties reach a mutually acceptable resolution. Mediation is less formal than court proceedings and focuses on collaboration by allowing all parties to express their concerns in a structured environment. Unlike resolving your dispute in court, mediation is private, which can help preserve relationships and reduce stress. Switalskis can offer guidance during mediation and help to represent your best interests as part of the process.
A solicitor can bring all the involved parties together for a structured discussion, which can help to resolve disputes where family relationships are strained by emphasising the common goal of honouring the deceased’s wishes. This approach can reduce hostility and foster cooperation, and by avoiding court, you can minimise legal costs and the time it takes to reach a solution.
If disputes persist due to perceived bias or mismanagement, the parties can agree to appoint a professional executor, such as a solicitor, to manage the estate impartially. A neutral third party can help to interpret the will correctly, manage the estate assets and finances according to its terms, and maintain compliance with the law. Alternatively, beneficiaries or interested parties may apply to the court to remove an executor they believe is unfit to carry out their role. If they can produce sufficient evidence of wrongdoing, the executor may be removed and a professional executor appointed by order of the court. This can be complicated, and you should speak to our specialist team about the legal process involved with this if you believe an executor is not fulfilling their responsibilities.
If an executor feels unable to fulfil their duties due to disputes arising, they may voluntarily renounce their role. This can prevent further conflict if all parties agree on a replacement. However, this can only be done voluntarily and without court’s intervention before estate administration begins. Once an executor has taken active steps to manage the estate, their involvement can only be terminated with the court’s direction. This is also appropriate where the executor does not agree to step down - you can apply to the court to have an executor removed if there are serious concerns about their behaviour, or if the executor refuses to carry out their duties properly.
By reducing conflict, ADR approaches minimise stress and legal fees for all parties involved. Focusing on collaboration, transparency, and professional advice allows disputes to be resolved amicably, and the estate to be administered in accordance with the deceased's wishes. However, this is not always possible, especially in extreme cases of executor misconduct. An experienced solicitor can discuss the specifics of your situation and advise you on the best legal approach to pursue the resolution you want.
When someone dies, the executor named in their will is responsible for administering their estate. Administration of the deceased's estate must be carried out in accordance with the instructions left in their will, and in line with the legal obligations associated with the role.
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Disputes with or between executors can result in significant emotional strain and, in some cases, a complicated legal process on the journey towards a resolution. This is where bespoke, practical legal guidance can help. Switalskis will fight by your side to secure a positive outcome from any disputes in a timely manner, based on the following principles:
Executor disputes can be complicated and filled with legal jargon, but Switalskis will work to make it simple. We can break down the terminology to make things straightforward and accessible, so you'll be empowered to make the necessary decisions about your case. We'll be available throughout the process to answer any questions and make sure you know what to expect.
We invest the time to understand the specific circumstances of your executor dispute. That way, we can not only evaluate the legal aspects but also make sure that your emotional wellbeing is taken care of. All of our advice is tailored to achieving the outcome you're looking for - whether that means limiting conflict, or arguing for your position in the strongest possible terms. You’re more than a client to us - you're someone in a difficult situation who deserves our wholehearted support.
When handling a matter with as much emotional significance and legal complexity as an executor dispute, it's vital to have an experienced team on your side. Switalskis brings together many years' worth of legal knowledge and expertise to resolve disputes legally and amicably. Our proven track record in these cases means you can rely on us to deliver the best possible outcome.
At Switalskis, our specialist lawyers are committed to advocating for your position and delivering the best possible outcome. There are legal requirements that must be met to make sure an estate is properly administered, and we will stand by your side throughout to make sure the administration of the estate is handled legally and without infringing on your rights.
If you are concerned about an executor's conduct or the administration of the estate of someone who has died, you should seek legal advice at your earliest opportunity. Switalskis can guide you through the process with practical advice, emotional support and legal representation.
Call on 0800 1380 458 or send us a message through our website.
