Sadly, issues linked with the administration of a deceased’s estate are relatively common when a legal professional is not instructed. There could be negligence, fraud, obstructive behaviour, or even disputes when the executor is also a beneficiary.
So, it is important to know where you stand in the eyes of the law and what options you have.
As a Beneficiary of a Will, What Are My Rights to Information?
As a beneficiary of a will you have limited rights. The executor has a duty to keep you and any other beneficiaries informed and provide certain documentation, as well as to act in good faith – even if they are a beneficiary themselves. However, this doesn’t mean you have an automatic right to know every detail of the probate case.
This entitlement to information will vary from case to case, but generally all beneficiaries will be informed of their windfall and be provided with a copy of the summary of estate accounts. This will show all of the deceased’s assets, any deductions made, and how much their share is.
What Rights Does a Beneficiary Have to Make a Claim?
If you feel the executor has breached their duty to carry out the wishes of the deceased to the best of their ability, then you are well within your rights to hold them personally financially liable for any loss resulting from the breach.
For example, if they failed to settle the affairs of the deceased or any claims which has therefore cost you a large part of your inheritance.
Beneficiaries have up to six months after the Grant of Probate is issued to make a claim against the personal representative.
Read more: Next of Kin – What Are My Rights?
Can I Contest the Will?
Contesting the contents of a will is another issue altogether. This is generally done if the will was not executed correctly, the testator lacked the proper mental capacity or knowledge, or if you believe the will was forged.
Read more: What Are the Grounds for Contesting a Will?
If you would like to know more about your rights regarding contentious probate or your rights as a beneficiary, please contact our will solicitors on 0808 178 2773.
