Issues Arising During the Administration of an Estate

Even if the Will is valid, numerous problems and issues can arise in relation to the administration of a deceased person’s estate. Examples of such issues/disputes are as follows:

• The person named as the personal representative in the Will may, for various reasons, be quite unsuitable to act in that capacity. It may be necessary therefore to take action to remove that person as personal representative.
• Although on the face of it suitable, personal representatives do not always undertake and fulfill their duties as efficiently or as honestly as they should. Again, it might be necessary to apply for the removal of that person as personal representative.
• All sorts of issues arise between beneficiaries and the personal representatives who are administering the estate. These can include disputes as to the valuation of assets; the identification of assets which should form part of the estate; how personal effects should be distributed and so forth. If these issues cannot be sorted out on an amicable basis then it may be necessary to apply to the Court for directions as to how these issues should be resolved.

We would endeavour to sort out these disputes on a sensible and pragmatic basis. If this proves to be impossible, however, then we are able to make appropriate applications to the Court in order to ensure that the administration of the estate is successfully concluded.