When someone passes away, their estate is usually managed by an executor—someone appointed under the will to carry out the deceased’s wishes. In an ideal world, the process runs smoothly. However, disputes can arise when there’s disagreement about how the estate is being managed, or concerns about whether the executor is acting fairly and in accordance with their legal duties.
Understanding the Executor’s Role
An executor has significant responsibilities. They are required to:
- Locate and secure the deceased’s assets
- Pay any outstanding debts and taxes
- Distribute the remaining assets to the beneficiaries according to the will
Importantly, an executor must act honestly, impartially, and in the best interests of all beneficiaries. They cannot favour one beneficiary over another, delay distributions without reason, or use estate funds for personal benefit.
Common Causes of Executor Disputes
Executor disputes often occur when:
- Beneficiaries believe the executor is acting improperly, such as withholding information, selling assets below market value, or failing to provide financial transparency.
- There are multiple executors who can’t agree on decisions about how to administer the estate.
- The executor is also a beneficiary, leading to concerns about conflict of interest.
- There are unreasonable delays in finalising the estate or making distributions.
- In some cases, disputes arise simply because communication has broken down, and beneficiaries are left in the dark about what’s happening.
Legal Options When Conflict Arises
If informal discussions don’t resolve the conflict, beneficiaries or co-executors can take further action. This may include:
- Seeking mediation to help reach a practical solution without going to court.
- Applying to the court to compel the executor to provide accounts or take specific actions.
- Applying to have the executor removed, if there is evidence they have acted improperly or are unable to perform their duties effectively.
Courts are generally reluctant to remove an executor unless there is clear evidence of misconduct or incompetence—but they will intervene where the administration of the estate is being compromised.
Avoiding Executor Disputes
Prevention is always better than cure. Clear communication, timely updates, and transparency about estate administration can go a long way to avoid conflict. For those drafting their wills, choosing a trustworthy and capable executor—or even appointing an independent professional—can significantly reduce the likelihood of future disputes.
If you are involved in an executor dispute or have concerns about how an estate is being managed, our estate litigation team at Twomey Dispute Lawyers can help. We can provide clear advice on your rights, options, and the most effective strategy to resolve the conflict.
