Resolving an inheritance dispute over the equal share of an estate

Joseph Martin, one of our contentious probate team, was recently instructed by Mr B, who required urgent guidance on a dispute in his late uncle's estate. Mr B was an equal beneficiary of the estate along with six other family members, two of whom were the estate's appointed executors and trustees.

The executors of the estate took issue with the inheritance that Mr B was due to receive, suggesting that, in their opinion, Mr B was not sufficiently close to the deceased to justify having an equal share of the estate. The executors attempted to convince Mr B to accept a lower amount. They even drafted a Deed of Variation for Mr B to sign, effectively reducing his interest in the estate by 50%.

Joseph advised Mr B that the Will was, on the face of it, a valid one and noted that the executors had already obtained the grant of probate (thereby swearing on oath as to its validity). Joseph promptly formed the view that the executors were in breach of their duties to the estate and were vulnerable to an application for their removal.  

Joseph recommended sending a letter of claim to the executors to place them on notice of Mr B's intention to pursue an application at the High Court to remove and replace the executors. Joseph duly drafted a suitable letter that, in summary, highlighted:

1. The executors were acting in serious breach of their duties
2. They were acting in a position of conflict  (because the executors trying to negotiate a better outcome for themselves than the Will provided)
3. They had misapplied the law.
4. They had caused loss to the estate (by reason of the fees incurred by Mr B)
5. They were acting contrary to the terms of the Will
6. They were abusing their position of power as executors and trustees.

Rather than issue proceedings straight away, Joseph provided the executors with two options. The first option was for the executors to change their position and confirm that they would administer the estate in accordance with the terms of the Will. The second option provided was for the executors to agree to their removal by consent if they were minded to continue to challenge the validity or fairness of the Will.

The executors responded promptly to confirm that they would no longer challenge the fairness of the Will and would instead administer the estate in accordance with its terms. The executors recognised the vulnerability of their position and the impending costs that would fall to them should they continue to act improperly, thereby bringing the dispute to a swift conclusion.