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Executor disputes and Contentious Probate


Who is an Executor?

An executor is a person named in a deceased’s will and deals with probate, the administration of the deceased’s estate.  Where there is no will, a spouse, civil partner or an adult child can apply to be an administrator.  Administrator and executor can also be referred to as Personal Representatives.

Personal Representatives have a duty to collect any debts owed to the deceased’s estate, pay all estate bills and distribute estate assets in accordance with the deceased’s will (or where there is no will –(Intestacy Rules).  Personal Representatives may be asked by the court to provide the full account of the administration of the estate.

Contentious Probate

When issues arise in relation to the administration of the estate it becomes contentious.  Examples of a Contentious Probate dispute can include:

  • unnecessary delays with the administration because the personal representative is unable / unwilling to act or lacks expertise; and/or

  • personal representative refuses to provide full estate accounts (for example because they failed in their duties or distributed estate assets incorrectly); and/or

  • there is a disagreement between two named executors in regard to how the estate should be administered.

Our Dispute Resolution Team can help you find the best way forward. 
This will depend on whether you are a beneficiary who would like to take action against a Personal Representative or a Personal Representative defending an application by a beneficiary.


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