When administering an estate, it is common for executors (or administrators when dealing in estates with no Wills) to have questions about the administration of the estate. These questions can arise through disagreements between the executors themselves, or between the executors and the beneficiaries of the estate. If no resolution can be reached between them, there is an option of asking the court to decide.
There are several different types of questions that parties, both executors and beneficiaries, may need the court to assist them with.
Questions determining questions arising from the administration of the estate
There may be a situation where a claim is made by someone against the deceased person, or their estate. If the executors think the claim has no merit, they may want to defend it. It is usual for the beneficiaries to either: agree for the executors to defend the claim; or that they will defend the claim themselves. If the beneficiaries agree for the executor to defend the claim, the executor’s legal costs will be payable from the estate, and not the executor personally.
However, if there is disagreement amongst the beneficiaries on whether to defend the claim, the executors may seek a determination from the court. If the court agrees for the executors to defend the claim, it offers the executors the protection that the costs incurred in the litigation are recoverable from the estate.
This is important as litigation can cost tens, if not, hundreds, of thousands of pounds, and the duty of the executor is to act in the best interests of the beneficiaries. Without the consent of the court to defend the litigation, there is a risk the beneficiaries may claim the costs back from the executor personally.
This is just one of many different situations where executors, or beneficiaries, can ask the court to provide answers to questions arising from the administration of an estate.
An Administration Order
In situations where executors are not fulfilling their duties, for example, by not providing estate accounts, or not agreeing to sell estate assets for the sale proceeds to be distributed, the other executors, or beneficiaries, can make an application to court, to seek an order for certain actions to be carried out.
It is common for executors to disagree over the sale of a property, which can then cause delays to the administration of the estate, and therefore the distribution to the beneficiaries in accordance with the Will.
In this instance, the executor can apply to court to seek an order that the property be put on the open market. The executor may even ask the court to order that they have sole conduct of the sale. This means that they will not need the consent and signature of the opposing executor to instruct estate agents.
These types of applications are a good way of resolving any deadlock between executors. However, as with all applications to the court, it is strongly advised that you seek legal advice to ensure your application has the best chance of success. Please don't hesitate to contact a member of the Private Client team at Roythornes.