Disputes Between Beneficiaries: What Can Be Done?

Even in relatively straightforward estates, tensions can arise quickly, particularly where there is grief, money involved and differing expectations.

So what can actually be done when things start to unravel?

Why These Disputes Happen?

Common triggers for disputes include:

• Perceived unfairness in the Will
• Lack of transparency from the Executor
• Delays in administration
• Disagreements over asset values or distribution
• Family dynamics that existed long before the estate

In many cases, beneficiaries simply do not understand the process or what they are entitled to.

Silence from the executor, and not knowing the law, can be quickly interpreted as wrongdoing, and you may just need some legal guidance or correspondence drafted by a lawyer to get things moving.

If you’re an Executor

The most important thing to understand is that you have legal duties to the estate, and to the beneficiaries.

Your focus should be on:-

• Providing copies of the Will to people who are eligible to receive one under the Succession Act 1981 (Qld);
• Reasonable updates on the estate’s administration;
• Keeping proper accounts;
• Seeking legal advice on your obligations before reacting.

If a dispute escalates, you may need to consult a lawyer on what your options are, including if necessary defending the estate in the Supreme Court, mediation or settling disputes including drafting a Deed of Family Arrangement.

Getting advice early is not a sign of failure, it’s often what prevents manageable issues from becoming costly ones.

If you’re a Beneficiary

If you are concerned about how an estate is being handled, you are not without options.

The first step is understanding your rights. Beneficiaries are generally entitled to information about an estate and its administration, but not every frustration amounts to misconduct.

Obtaining legal advice and raising concerns early can often resolve issues before escalation.

In more serious cases, the Court can:-

• Compel an Executor to provide an estate account or make a distribution;
• Remove and replace an executor; and
• Resolve disputes about distributions.

If you are dealing with tension in an estate, getting clarity can make all the difference.

An initial consult with our Wills & Estates team can help you understand your position, your options and the most practical way forward.