Disputes can arise when those close to someone who has died cannot agree on how the deceased’s estate is to be administered and, sometimes, who is to administer the estate.
You want to prevent potential misconduct before it happens or resolve a dispute before the estate is distributed
We can register a “caveat” at the Probate Registry to prevent the issue of a grant of probate or letters of administration (the official documents required before an estate can be administered). This allows time for the investigation of problems and attempts to negotiate a solution.
You want to get on with the administration of an estate, but are prevented from doing so by a caveat
If you are appointed as an executor of an estate by the deceased’s Will, or apply for Letters of Administration if there is no Will, but are prevented from obtaining the Grant of Probate or Letters of Administration because someone has entered a caveat against the estate, we can apply for “warning off”.
The person who might be entitled to administer the estate is refusing to produce a Will or other relevant document
If someone has a Will or other relevant document or has knowledge of such document, we can “subpoena” them to either produce the document in their possession or to attend court and give evidence regarding that document.
The person who should administer the estate is not taking any steps to do so
If someone is appointed as executor by a Will or is in a position to apply for a Grant of Letters of Administration where there is no Will, but is not doing so, the deceased’s estate cannot be distributed to the beneficiaries. We can apply to the Probate Registry for the issue of a “citation” to compel that person to take action or to step aside and allow someone else to do so.
There are problems regarding the administration of the estate or with an executor or administrator’s conduct
If the people involved in the administration of an estate or the beneficiaries disagree as to what steps should be taken in the administration (for example, the realisation of an asset or the settlement of debts), we can apply to the court for “directions” ordering the executors or administrators to take the appropriate action. In some circumstances, the court will remove or replace the executors or administrators.
You are administering an estate, but are facing a challenge
If you are facing a challenge to your actions as the executor or administrator of an estate, we can assist by advising and attempting to resolve the problem or, if court proceedings have been issued, we can represent you in those proceedings.
These are only some of the many problems that can arise and where we can assist you. For further advice, please contact Greg Randall on 020 8670 6141 or by email at [email protected]