image description

Estate Administration Claim?

Probate Disputes sometimes occur between Executors/Administrators, Beneficiaries and Trustees. When somebody dies, their assets must be dealt with and distributed to those who are set to inherit them (the “Beneficiaries”). The assets can include cash, property, personal belongings and stocks and shares, collectively known as the Deceased’s “Estate”. This process of collecting in all the assets and distributing them to the Beneficiaries is known as “Probate”.

If the Deceased left a Will, the people responsible for collecting and distributing the Deceased’s Estate are called “Executors”. They will normally be named in the Will. If there is no Will, this job is done by the “Administrators”, who are generally close family members. If some of the assets are to be held on trust for the Beneficiaries then they will be held by the “Trustees”. They tend to be the same people as the Executors or Administrators.

An Executor or Administrator owes a number of legal duties to the Estate and the Beneficiaries of the Estate. Such duties can include:

  • Keeping the Beneficiaries informed of progress regarding the administration of the Estate;
  • Keeping the assets and cash of the Estate separate from other assets/cash;
  • Obtaining independent valuations of the assets;
  • Collecting in all the assets of the Estate and distributing them to the Beneficiaries as quickly as possible
  • Preparing and submitting accurate tax returns.

Quite often probate disputes can arise between some or all of the parties involved in distributing the assets of the Estate. Contested Probate can include mismanagement of the administration of the Estate by the Executors/Administrators, a breach of Trust committed by the Executors/Administrators or where there are allegations that the Executors/Administrators have breached one or more of their duties.

Where a dispute has arisen regarding the administration of an Estate, it is possible to apply to the Court for an Order setting out how that Estate should be administered. It is also possible to get an Order from the Court to remove one or more Executors/Administrators.