Q&As

There are two residuary beneficiaries of an estate, one of whom is also the executor. There is a dispute between them relating to the executor's expenses. The executor has instructed the solicitors to make the final distribution of the estate assets to themselves and the other residuary beneficiary. How should the solicitors act in light of the dispute?

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Published on LexisPSL on 08/06/2021

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • There are two residuary beneficiaries of an estate, one of whom is also the executor. There is a dispute between them relating to the executor's expenses. The executor has instructed the solicitors to make the final distribution of the estate assets to themselves and the other residuary beneficiary. How should the solicitors act in light of the dispute?

There are two residuary beneficiaries of an estate, one of whom is also the executor. There is a dispute between them relating to the executor's expenses. The executor has instructed the solicitors to make the final distribution of the estate assets to themselves and the other residuary beneficiary. How should the solicitors act in light of the dispute?

This Q&A assumes that the executor in question is a sole executor.

If the expenses which are disputed include the firm’s fees in acting in the estate administration, then the following Q&As may be useful in your research:

  1. What rights does a residuary beneficiary have to challenge a firm’s professional charges for acting in the administration of an estate where the firm was instructed by lay executors who approved the invoice?

  2. What are the rights of residuary beneficiaries to interim payments prior to the settling of any liability to IHT and must the PRs wait for the sale of assets before being liable to pay that IHT? Also, what are the rights of residuary beneficiaries to request information and dispute invoices raised by solicitor executors?

In particular, any disputes/complaints over the firm’s fees should be resolved in accordance with the firm’s standard practice, taking account of the SRA Standards and Regulations and any other relevant code of conduct. For practical guidance on

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