Sometimes disputes arise around whether the executor of an estate is fulfilling their obligations and appropriately executing their duties as to the administration of the estate. The actions of an executor can impact upon the benefit you may end up receiving from an estate, so it is important to ensure that the executor is fulfilling their obligations.
A beneficiary under a Will has a handful of basic rights that must be respected by the executor. They include:
1. to be informed of their entitlement under a Will;
2. to be able to inspect or be given a copy of the will;
3. to be informed of the likely date of distribution of the estate;
4. to be informed of any reason as to the delay of the administration of the estate;
5. to be advised of the nature and particulars of any claim being made against the estate which affects their entitlement under the will;
6. to receive their entitlement under the will and a summary/statement of distribution which properly accounts for that entitlement
If you have concerns about the proper discharge by an executor of their responsibilities, it is important that you consult with a legal practitioner who has sound knowledge and experience in dealing with estate matters. Our beneficiary legal advisors who operate from our Parramatta, Sydney and other offices, are able to address any concerns that you may have in relation to an executors role in administering an estate in which you have a vested interest.