Conflict Over a Will: Disputes Between Beneficiaries and Executors

When a person makes a Will they appoint a person, or multiple persons, to act as the Executor of their estate.  The Executor is responsible for administering the Will after the person’s death, ensuring that their wishes are carried out and distributing the estate to the beneficiaries named in the Will.  The role of the Executor holds significant responsibility so it is always recommended that anyone making a Will should choose someone that they trust to be the Executor.

Unfortunately, even with the best of intentions, it is common for disputes to arise during the administration of an estate.  Family dynamics, heightened emotions, and different personal circumstances can all affect the way in which people respond to the contents of the Will and the distribution of the estate.

The Top 3 Most Common Disputes

Three of the most common issues that can lead to a dispute during the process of administering an estate include the following:

1. The beneficiaries are not kept informed and do not receive any information from the Executor.

One of the most common grievances from beneficiaries is that they do not receive any information about the administration of the estate, or their entitlements, for many months, or even years after the death of their loved one.

2. The beneficiaries do not agree with the decisions of the Executor/administrator.

Disputes can arise over the administration of the Will and the decisions made by the Executor.  For example, the Executor may decide to sell a family home and distribute the proceeds, whereas the beneficiaries may prefer to keep the home in the family for future generations. 

3. Disputes can arise between executors when multiple persons are appointed to the role.

This is most common when family members who do not get along are appointed jointly to the role of Executor and may have different expectations as to how the Will should be administered .  This situation can often arise in blended families or when siblings are estranged from each other.

A less common, but more significant dispute, can also occur when there is a question over whether an Executor is acting in the best interests of the beneficiaries.  For instance, the beneficiaries may feel that the Executor is wasting or even stealing assets from the Estate.  This is a serious issue and if there is a suspicion of dishonest behaviour or mismanagement of an estate, a forensic accountant may be called in to determine whether there is cause to take action against the executor.  

How to Prevent a Dispute Over Will

Administering an Estate can be complicated and there are a series of steps that must take place before any entitlements can be released.  

At Lamrocks Solicitors, our experienced Wills and Estates team is available to assist executors of an estate and guide them through the process – minimizing the potential for dispute and helping to resolve any conflict that arises as quickly and efficiently as possible, without having to involve the Court.

Litigation, or Court action, over a Will is both costly and time consuming.  The main objective should always be to try and resolve conflict and minimise potential disputes by following due process, maintaining clear and effective communication with the beneficiaries, and negotiating any disagreements over how the assets should be treated.

If you would like assistance with the administration of an estate, or need advice on a dispute, contact Lamrocks Solicitors on ph: 02 4731 5688 for more information.