Executor and Beneficiary Disputes

Disputes can arise when people have different views about how an estate should be administered or concerns about whether an executor is fulfilling their responsibilities.

Common issues include:

• the valuation, sale or distribution of estate assets;
• delays in progressing the administration;
• the interpretation of the Will;
• the management of estate property or investments;
• a lack of information about the estate’s progress;
• concerns about expenses, commission or conflicts of interest; and
• disagreements between executors about the next steps.

These matters differ from a family provision claim seeking a greater share of an estate, or a challenge to the validity of the Will. We can help identify the nature of the dispute and the appropriate options.

An executor is responsible for administering the estate according to the Will and the applicable law. The role involves duties to the estate and its beneficiaries, rather than simply carrying out the executor’s personal preferences.

Responsibilities generally include:

• identifying and protecting estate assets;
• paying debts and attending to estate liabilities;
• keeping accurate records and accounts;
• avoiding improper conflicts of interest;
• distributing the estate to those entitled; and
• providing appropriate information to beneficiaries.

An executor who is also a beneficiary needs to distinguish their responsibilities as executor from their personal interest in the estate. We advise executors on fulfilling their duties and responding to concerns raised by beneficiaries or co-executors.

Victoria Legal Aid provides an overview of the executor’s role in administering an estate. You can also listen to our discussion of the legal principles underpinning an executor’s role.

Where more than one executor is acting, disagreements can prevent decisions from being made and delay the administration. This may be particularly difficult where siblings or other family members have been appointed together.

We can review the Will and the executors’ appointments, clarify how decisions should be made and help address any deadlock.

Depending on the circumstances, this may involve agreeing on a practical plan for the administration, obtaining independent valuations, negotiating through legal representatives or seeking Court orders where necessary.

As a beneficiary, you may be concerned about delays, decisions affecting your inheritance or difficulty obtaining information. You may also be unsure whether what is happening is a normal part of estate administration or a matter requiring action.

If your concern is about inadequate provision or whether a Will is valid, see our advice on Will contests and estate disputes.

We can review the available information, explain your position and advise on appropriate requests or steps to address your concerns.

The Supreme Court’s guidance on requesting an administration account explains the process where estate accounts have not been provided.

A delay does not automatically mean an executor has failed in their duties. Property sales, tax matters, outstanding debts and legal claims can take time to resolve.

The first step is to establish what remains outstanding and whether there is a reasonable explanation for the delay.

We can help you seek an update, assess the response and consider further action if the administration is not progressing appropriately.

Depending on your entitlement and the stage of administration, you may be able to request information about the estate’s progress, relevant assets and liabilities, and estate accounts.

The scope of the information available depends on the circumstances. We can advise what is appropriate to request and how to respond if relevant information is not being provided.

Early advice can help clarify responsibilities and identify a way forward before positions become entrenched.

We begin by reviewing the Will, relevant records and correspondence, and understanding what each party is concerned about. We then explain the available options, likely costs and practical implications.

A resolution may involve:

• obtaining information or estate accounts;
• clarifying the Will’s provisions or the executor’s responsibilities;
• agreeing on steps and timeframes for the administration;
• negotiating a resolution; or
• attending mediation.

Where agreement cannot be reached, or action is needed to protect estate assets, Court proceedings may be appropriate.

We consider the financial impact on the estate alongside your legal position. Where possible, we also seek an approach that avoids unnecessary damage to family relationships.

In appropriate circumstances, the Supreme Court of Victoria can remove an executor and appoint someone else to complete the administration.

Removal is not automatic because beneficiaries disagree with an executor’s decisions or find the relationship difficult. The grounds, evidence and effect on the administration need careful assessment.
We can advise whether an application is appropriate or whether another step may resolve the problem.

The Supreme Court provides information about Wills and deceased estates proceedings, including applications to remove an executor.

If available, useful information includes:

• the Will and any Grant of Probate or Letters of Administration;
• correspondence with executors, beneficiaries or their representatives;
• estate accounts, valuations or other relevant records; and
• a brief outline of your concerns and the events leading to the dispute.

You do not need every document before contacting us. We can help identify what further information is needed.