Executors - disputes over what to do with the Estate

Mrs A has been appointed as an Executor under her late Mother’s Will alongside her brother, Mr B. The Estate contains some small sums left in bank accounts/pension policies but the main asset is the residential property in which their Mother lived.

Mrs A and Mr B are unable to agree on what to do with the property. Mrs A would like the house to be sold so the proceeds can go to the beneficiaries. Mr B would prefer the house to be rented until such time as the housing market improves and prices increase. There is also a dispute over items such as jewellery and other personal items. Mrs A would like to keep them for sentimental reasons, whereas Mr B is suggesting they be sold and the sums distributed amongst the beneficiaries.

This is not an uncommon scenario. Dealing with probate of a loved ones estate is an emotional time and can cause siblings and/or co-executors to fall out or disagree.

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CWJ can offer assistance and guidance in helping resolve such disputes. Alternatively, if you are a beneficiary under a will and you have concerns with the way the Executor is dealing with the Estate then we can advise you of your options and assist with taking the matter forward. 

Although correct at the time of publication, the contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position.