Trust and Estate administration disputes and disputes between executors

If you are an executor or trustee and are having difficulties administering an estate or trust due to a disagreement with another executor, trustee or the beneficiary, it is important that you take steps to resolve the issues before they escalate. Our team is on hand to help with this.

We can help you with;

• Administration Disputes and Disputes involving Executors
• Administration Disputes and Disputes involving Trustees 
• Trust and Estate Disputes for Executors and Personal Representatives
• Trust Disputes for Trustees

Administration Disputes and Disputes involving Executors

If you are a Beneficiary of an Estate and are having difficulties with the Executor(s) or Personal Representative(s), it is important that you get advice and assistance on the situation as soon as possible. Our team is on hand to help with this.

Executors and Personal Representatives (i.e. a person in charge of another’s assets for distribution) have certain responsibilities. These could include:

• Managing and / or investing assets;
• Paying off debts and liabilities;
• Obtaining a Grant of Probate; and
• Distributing assets or monies to the Beneficiaries

What issues might need resolving?

If you are a Beneficiary, you may find that an Executor or Personal Representative is:

• Taking too long to administer the Estate;
• Being obstructive and delaying the Administration of the Estate;
• Not obtaining the Grant of Probate;
• Giving the assets or money to the wrong people;
• Not showing you the Will; or
• Mis-managing the assets or money, leading to a loss being suffered by the Estate.

As a Beneficiary, it can be frustrating to experience a delay in receiving your inheritance. It can also be difficult to obtain information from the Executors or Personal Representatives. Similarly, if you suspect that the Executor or Personal Representative is mis-managing the Estate and that you are or may suffer a financial loss as a result, you may wish to take action.

In those circumstances, it may be possible to have them removed. Also, it may be possible to pursue a Claim against them personally for the loss suffered as a result of their actions.

Administration Disputes and Disputes involving Trustees

If you are a Beneficiary of a Trust and are having difficulties with the Trustee(s), it is important that you get advice and assistance on the situation as soon as possible. Our team is on hand to help with this.

Trustees (i.e. a person in charge of another’s assets for distribution) have certain responsibilities. These could include:

• Managing and / or investing assets;
• Settling any taxes due;
• Registering the Trust; and
• Distributing assets or monies to the Beneficiaries

What issues might need resolving?

If you are a Beneficiary, you may find that a Trustee is:

• Taking too long to administer the Trust;
• Being obstructive and delaying the Administration of the Trust;
• Not registering the Trust with HMRC or regularising the tax position;
• Giving the assets or money to the wrong people;
• Not showing you the Trust documents; or
• Mis-managing the assets or money, leading to a loss being suffered by the Trust.

In those circumstances, it may be possible to have them removed. Also, it may be possible to pursue a Claim against them personally for the loss suffered as a result of their actions.

Trust & Estate Disputes for Executors & Personal Representatives

If you are an Executor or Personal Representative and are having difficulties administering an Estate due to a disagreement with a Co-Executor, Co-Personal Representative or a Beneficiary, it is important that you take steps to resolve the issues before they escalate. Also, if you are an Executor or Personal Representative and a dispute arises between the Beneficiaries, you need to know what to do and how to handle the same. Our team is on hand to help with this.

As an Executor or Personal Representative (i.e. a person in charge of another’s assets for distribution), you have certain responsibilities. These could include:

• Managing and / or investing assets;
• Paying off debts and liabilities;
• Obtaining a Grant of Probate; and
• Distributing assets or monies to the Beneficiaries

What issues might need resolving?

If you are an Executor or Personal Representative, some of the issues you may face could be:

• Being unable to agree with a Co-Executor or Co-Personal Representative on the steps to be taken;
• The need to remove an appointed Co-Executor or Co-Personal Representative;
• If one or more Beneficiaries are not be cooperating; and
• If you are being criticised about the manner in which you are acting or have acted.

Trust Disputes for Trustees

If you are a Trustee and are having difficulties administering a Trust due to a disagreement with a Co-Trustee or a Beneficiary, it is important that you take steps to resolve the issues before they escalate. Also, if you are a Trustee and a dispute arises between the Beneficiaries, you need to know what to do and how to handle the same. Our team is on hand to help with this.

As a Trustee (i.e. a person in charge of another’s assets for distribution), you have certain responsibilities. These could include:

• Managing and / or investing assets;
• Settling any taxes due;
• Registering the Trust; and
• Distributing assets or monies to the Beneficiaries

What issues might need resolving?

If you are a Trustee, some of the issues you may face could be:

• Being unable to agree with a Co-Trustee on the steps to be taken;
• The need to remove an appointed Co-Trustee;
• If one or more Beneficiaries are not cooperating; and
• If you are being criticised about the manner in which you are acting or have acted

What are the next steps?

Disputes can be complex, lengthy and costly, not to mention upsetting. You may find it beneficial to try to negotiate by way of a Mediator to help resolve any issues prior to taking your dispute to Court.

However, if that doesn’t resolve the situation, then it may be necessary to begin Court Proceedings against the Executor or Personal Representative.

While it can be frustrating to face a Claim against you, it is crucial that you obtain legal advice as soon as possible on the steps you can and should take. This is important as you can be held personally responsible for paying legal fees if you do not act appropriately.

How we can help you

Our contentious trusts and probate lawyers can:

• Advise you if you wish to pursue a Claim against an Executor, Personal Representative or a Trustee on the basis that they have acted inappropriately in their role;
• Advise you on the steps to be taken to remove an Executor, Personal Representative or a Trustee;
• Advise you in relation to any Court Proceedings you are contemplating;
• Advise you on the roles and duties of Trustees and Personal Representatives;
• Advise Executors and Trustees on their roles and duties in an Estate or Trust administration.

Our experience

• Advising a Beneficiary of a Trust on an Application to remove Trustees for breach of duties;
• Acting for a Beneficiary on pursuing a Claim against a Trustee for having sold a Property at an undervalue.
• Advising an Executor/Trustee on a Claim to remove a Co-Executor/Co-Trustee who was acting inappropriately;
• Advising Executors/Trustees on the removal of a Co-Executor/Co-Trustee who had lost capacity;
• Advising a Personal Representative on options available to them during a dispute with a Co-Personal Representative;
• Acting on behalf of Professional Executors/Trustees in relation to a dispute between Beneficiaries.