Losing a loved one is never easy. It is arguably one of the most challenging and emotionally charged events in someone’s life.
This period of grief can become even more complex when disagreements arise regarding the distribution and management of the loved one’s estate.
Unfortunately, such conflicts are far from rare. Issues may arise when an executor withholds information, assets are distributed in an unexpected manner, or there is a noticeable lack of progress in settling the estate.
Understanding the Executor’s Role
When someone passes away, the person appointed in their Will as an ‘executor’ is responsible for carrying out the deceased’s instructions as set out in their Will.
An executor’s role and responsibilities, amongst other things include:
- collecting and protecting the assets of the estate;
- paying debts and expenses; and
- distributing the estate to the beneficiaries in line with the Will.
An executor has a legal duty to act in the best interests of the estate and to follow the terms of the Will.
It is important to note that administration of an estate is a long process. Delays are not always a sign of wrongdoing, but… sometimes they are.
Common Concerns
Here are some of the most raised issues we see from beneficiaries:
Delays that don’t make sense
Anna’s father had passed away, in the Will, her father leaves the house to be equally divided between Anna and her brother, Michael.
Michael was the sole executor, and it’s been more than two years since any steps have been taken towards administering the estate. Anna felt Michael was avoiding the process as he stopped replying to Anna’s calls or texts.
In this situation, the beneficiaries (such as Anna) are entitled to ask for an explanation and even request the executor to provide a formal estate account to show what steps have been taken.
Questionable choices
Michael finally took steps towards administering the estate, and decided to sell the house very quickly, at a much lower price that its valuation. Michael explained to Anna that he wanted to “get it over with”, but it wasn’t in the best interests of the estate.
If there are instances where an executor is mismanaging estate assets, then the beneficiaries (such as Anna) can seek for Court to step in. Ideally, the beneficiaries should seek advice if they are seeing delays that don’t make sense, to avoid questionable choices being made.
Familial conflicts
Let’s be honest, everyone fights, but, in our experience, we see many disputes between siblings when they are executors of their parent’s estate. Sometimes, their disputes both emotionally and financially drains the estate.
When executors simply can’t see eye to eye and basic decisions cannot be clearly made to progress the administration of the estate, it is often advisable to seek a court order to appoint an independent administrator who can administer the estate without bias.
What can you do if things don’t seem right?
Start with a conversation
If you are a beneficiary, you can ask the executor for an account of the estate’s administration. Executors are under an obligation to answer reasonable requests from beneficiaries.
Mediation or negotiation
If family relationships are strained, seeking a neutral mediator can help resolve disputes without involving any court applications.
Court involvement
As a last resort, the Court can:
- order the executor to provide a detailed account of their actions;
- if there are grounds for misconduct, remove an executor who is not acting properly; or
- give directions on how estate should be handled.
Disputes over estates are actually quite common among families. Open and honest communication is a good starting point but know that there are legal processes in place to hold executors accountable and protect beneficiaries.
Of course, no two situations are exactly the same. If you find yourself uncertain about your rights or responsibilities, having a confidential chat with an experienced wills and estate solicitor can help you navigate these matters, and help you understand your options in plain, simple terms.
Contact our experienced team today to discuss your legal needs.
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