When someone dies, it falls to their personal representatives (PRs) to handle their affairs and deal with their estate. This can either be the executors who the Deceased named in their will as people they trusted to do this task, or administrators where the Deceased did not leave a will who are usually the people who will also benefit from the estate under the Intestacy Rules.
Sometimes, problems arise where the other PRs or the beneficiaries of the estate feel that one or more of the PRs is not fulfilling their role properly. Examples can include where the PR is refusing to carry out part of their role such as applying for a grant of probate or letters of administration, selling estate property or distributing the estate funds to the beneficiaries, or where they do not provide the beneficiaries with an account of the estate.
Often, it results from PRs not being able to agree amongst themselves or with the beneficiaries how best to deal with a particular asset or liability.
A slightly different problem can also arise when the beneficiaries of the estate cannot agree on an aspect of the estate administration on which the PRs have sought their views.
In these situations, a solicitor will be able to advise you what your rights and responsibilities are and how these can be implemented so that the estate administration can be completed correctly and promptly.
Usually, the solicitor will start by writing to the PR or beneficiary with whom the dispute has arisen, setting out what the correct position is and what needs to be done to resolve any existing problems and move the estate forward.
Sometimes, this does not resolve the problem because the other party insists on something which is not legally correct. If they persist, your solicitor will be able to advise you on the action that you can take to force them to co-operate. This usually involves an application to the court, seeking an order such as:
- An order removing the PR from their role and, if necessary, appointing someone else, which could be a neutral, professional person
- An order that the PR must provide estate accounts and allowing the other parties to raise any issues with the accounts for the court to determine
- An order that the PR must deal with a particular aspect of the administration in a certain way
- A declaration as to a beneficiary’s entitlement, including their entitlement to a particular asset
- An order requiring a beneficiary to hand over to the PR any estate assets that they hold for the purpose of the estate administration
- An order requiring the PR to give the beneficiary a right to buy a particular asset
- An order requiring a person occupying a property forming part of the estate to vacate
In most cases, the parties’ priority is for a swift resolution to the problem that has arisen to allow the estate administration to conclude.
If you have suffered a bereavement and are concerned that a difficult PR or beneficiary is preventing the proper administration of a loved one’s estate, our specialist inheritance dispute lawyers may be able to assist. Send us an email at cp@wbw.co.uk or call our client co-ordinator on 01626 202384.
WBW Solicitors has offices in Axminster, Bovey Tracey, Brixham, Exeter, Exmouth, Honiton, Launceston, Newton Abbot, Paignton, Seaton, Sidmouth, and Torquay.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
