Executor Disputes

When somebody dies, the administration of their estate is determined by either their will, or if they don’t have a will, inheritance laws.

If there is a will, the person(s) named as executor in the will is the person entitled to divvy up the estate based on the person who died wishes’, in line with the terms of the will itself.

The executor or administrator has a duty to gather in the deceased’s assets, deal with any debts and/or liabilities and then distribute the estate in accordance with either the will or the rules of intestacy. This can be straightforward and non-problematic, however, it is not uncommon for disputes to arise either:

• • between administrators or executors (where there is more than one); and / or

• between the executor(s) / administrator(s) and the beneficiaries.